Merritt v. Tide Water Power Co.
This text of 171 S.E. 90 (Merritt v. Tide Water Power Co.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Conceding, without deciding, the evidence is sufficient to warrant the inference that the fire originated from some defect in the electrical equipment (Turner v. Power Co., 154 N. C., 131, 69 S. E., 767, 32 L. R. A. (N. S.), 848; 9 R. C. L., 1196), nevertheless it also establishes the fact, contrary to the allegations of the complaint, that the defendant was under no duty to inspect or to maintain the lighting-equipment in the stockade in a safe condition. Small v. Utilities Co., 200 N. C., 719, 158 S. E., 385; 9 R. C. L., 1204. This differentiates the case from Collins v. Electric Co., 204 N. C., 320, 168 S. E., 500, cited and strongly relied upon by the plaintiff.
The action was properly dismissed as in case of nonsuit.
Affirmed.
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Cite This Page — Counsel Stack
171 S.E. 90, 205 N.C. 259, 1933 N.C. LEXIS 525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merritt-v-tide-water-power-co-nc-1933.