North DeKalb Little League, Inc. v. Holland, 43898
| Citation | 119 Ga.App. 439,168 S.E.2d 169 |
| Decision Date | 05 March 1969 |
| Docket Number | No. 3,No. 43898,43898,3 |
| Parties | NORTH DeKALB LITTLE LEAGUE, INC. v. Frances B. HOLLAND |
| Court | United States Court of Appeals (Georgia) |
Hansell, Post, Brandon & Dorsey, Albert G. Norman, Jr., Atlanta, for appellant.
Mitchell, Clarke, Pate & Anderson, William M. Pate, Taylor W. Jones, Atlanta, for appellee.
Syllabus Opinion by the Court.
The deceased husband of the plaintiff planned, prepared for, supervised and participated in the erection of a flagpole directly below a 110-volt electric service line approximately 38 feet above the ground and running approximately 12 to 14 feet distant from, and parallel to, a high voltage line which was approximately 34 feet above the ground. The particular site for the erection of the flagpole had been selected by the deceased in a general area agreed upon by the deceased, a member of the North DeKalb Boys' Club Athletic Association, Inc., a non-profit organization, and the officers of the defendant corporation, a non-profit organization, which latter corporation leased a portion of a city park for Little League activities. The erection of the flagpole was done at night while the lights on the service line were burning so that those erecting the flag pole could see what they were going. While the pole was being lifted by the deceased and others, some of whom were officers of the defendant corporation, the flagpole contacted the 100-volt line which produced a shock causing all but the deceased to release the pole and the pole then fell across the high voltage line resulting in the deceased's electrocution. When the deceased and another were digging a hole in which to put a metal sleeve in which to put the flag pole, he was warned that the wires were too close, and the deceased and the person assisting him laughed and shrugged it off and continued to dig the hole. The next day when the deceased was installing the sleeve in the hole, he was again warned 'of the danger involved in placing the flagpole so near the wires' and the deceased again shrugged off the warnings. It appears without dispute from expert witnesses that the installation of the 110-volt line by a contractor for the defendant was done in accordance with standards and practices generally accepted in the area, as well as nationally, and the height of the wires and all other aspects of the installation, including the manner of construction and material used, conformed to standards of suitability and safety normally accepted in the electrical construction trade and industry in the area as well as nationally. Motion for summary judgment was denied and the defendant appealed. Held:
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Bennett v. Haley
...a plaintiff who recklessly tests an observed and clearly obvious peril. This request was taken verbatim from North Dekalb Little League v. Holland, 119 Ga.App. 439, 168 S.E.2d 169. It is based upon a defense contention that 'the evidence in this case would have supported a finding by the ju......
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Stern v. Wyatt
...217 S.E.2d 426 (1975), and they will be decided as a matter of law only in 'plain and palpable cases.' North DeKalb Little League v. Holland, 119 Ga.App. 439(1), 168 S.E.2d 169 (1969). In the present case, these questions are not so 'plain and palpable,' since there are facts and favorable ......
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Richey v. Kroger Co.
...palpable." Rappenecker v. L.S.E., Inc. , 236 Ga. App. 86, 87 (1), 510 S.E.2d 871 (1999). See also North DeKalb Little League v. Holland , 119 Ga. App. 439, 440 (1), 168 S.E.2d 169 (1969) ("One who recklessly tests an observed and clearly-obvious peril is guilty of a lack of ordinary care[.]......
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Brooks v. Douglas
...of negligence by the parties, and as to the proximate cause of the injury, present issues for the jury. North DeKalb Little League v. Holland, 119 Ga.App. 439, 440, 168 S.E.2d 169 (1969); Carroll Elec. Membership Corp. v. Simpson, 106 Ga.App. 29, 126 S.E.2d 310 (1962); Laseter v. Clark, 54 ......