Stanley Ex Rel. Stanley v. Town of Smithfield

190 S.E. 207, 211 N.C. 386, 1937 N.C. LEXIS 97

• Court: Supreme Court of North Carolina
• Decided: March 17, 1937
• Status: Published

Opinion

Per Curiam.

The question involved: “Does the complaint state a cause of action wherein it is alleged that a minor boy eleven years old suffered serious bodily injury from an electric current coursing through' bis body, while at play, on a main well-traveled public highway, when be accidentally threw a small wire attached to an improvised spool across the uninsulated electric wires of the defendant whereon 2300 volts of electricity were being transmitted and approximately twenty-three feet above the surface of tbe giound?” We think not.

The plaintiff cites many decisions in this State sustaining liability, but none go so far as the facts in the present cause. We think the court below correct in sustaining the demurrer of defendant. Parker v. R. R., 169 N. C., 68.

The judgment of the court below is

Affirmed.