Rice v. City of Lumberton
Citation | 235 N.C. 227,69 S.E.2d 543 |
Decision Date | 19 March 1952 |
Docket Number | No. 666,666 |
Court | United States State Supreme Court of North Carolina |
Parties | RICE, v. CITY OF LUMBERTON. |
L. J. Britt, and Varser, McIntyre & Henry, all of Lumberton, for plaintiff appellant.
McLean & Stacy, Lumberton, for defendant appellee.
The assignment of error, determinative of this appeal, is directed against the ruling of the trial court in allowing motion of defendant, renewed at the close of all the evidence, for judgment as of nonsuit under provisions of G.S. § 1-183.
In considering such motion, 'the defendant's evidence, unless favorable to the plaintiff, is not to be taken into consideration, except when not in conflict with the plaintiff's evidence, it may be used to explain or make clear that which has been offered by the plaintiff', Stacy, C. J., in Harrison v. North Carolina R. Co., 194 N.C. 656, 140 S.E. 598, 600, citing State v. Fulcher, 184 N.C. 663, 113 S.E. 769. This rule is applied also in these cases: Hare v. Weil, 213 N.C. 484, 196 S.E. 869; Crawford v. Crawford, 214 N.C. 614, 200 S.E. 421; Tarrant v. Pepsi-Cola Bottling Co., 221 N.C. 390, 20 S.E.2d 565; Jeffries v. Powell, 221 N.C. 415, 20 S.E.2d 561; Gregory v. Travelers Ins. Co., 223 N.C. 124, 25 S.E.2d 398, 147 A.L.R. 283; Pappas v. Crist, 223 N.C. 265, 25 S.E.2d 850; State v. Oldham, 224 N.C. 415, 30 S.E.2d 318; Atkins v. White Transportation Co., 224 N.C. 688, 32 S.E.2d 209; Buckner v. Wheeldon, 225 N.C. 62, 33 S.E.2d 480; Humphries v. Queen City Coach Co., 228 N.C. 399, 45 S.E.2d 546; Perry v. Hurdle, 229 N.C. 216, 49 S.E.2d 400; Bundy v. Powell, 229 N.C. 707, 51 S.E.2d 307; Chesser v. McCall, 230 N.C. 119, 52 S.E.2d 231; Winfield v. Smith, 230 N.C. 392, 53 S.E.2d 251; Carson v. Doggett, 231 N.C. 629, 58 S.E.2d 609; Ervin v. Cannon Mills Co., 233 N.C. 415, 64 S.E.2d 431; Register v. Gibbs, 233 N.C. 456, 64 S.E.2d 280.
Therefore, taking the evidence offered by the plaintiff, and so much of defendant's evidence as is favorable to the plaintiff, or tends to explain and make clear that which has been offered by the plaintiff, in the light most favorable to plaintiff, this Court is of opinion, and holds that there is sufficient evidence to take the case to the jury on the issue of negligence of defendant.
A municipal corporation, engaged in the business of supplying electricity for private advantage and emolument is, as to this, regarded as a private corporation,--and in such capacity, is liable to persons injured by the actionable negligence of its servants, agents and officers. Fisher v. City of New Bern, 140 N.C. 506, 53 S.E. 342, 5 L.R.A.,N.S., 542; Harrington v. Com'rs of Town of Wadesboro, 153 N.C. 437, 69 S.E. 399.
The principle is recognized and applied in numerous other cases before this Court. See Town of Grimesland v. City of Washington, 234 N.C. 117, 66 S.E.2d 794.
And this Court declared in Helms v. Citizens' Light & Power Co., 192 N.C. 784, 136 S.E. 9, 10, that:
And in Small v. Southern Public Utilities Co., 200 N.C. 719, 158 S.E. 385, 386, it is said that 'Due to the deadly and latently dangerous character of electricity, the degree of care required of persons, corporate or individual, furnishing electric light and power to others for private gain, has been variously stated. ' Then after reciting such expressions, the Court said:
And these principles apply in cases of broken high tension wires. Diligence must be exercised to repair any breaks in such wires. To permit a broken wire charged with electricity of high voltage unnecessarily to remain in or near a highway is evidence of negligence. Fisher v. City of New Bern, supra. And this is true where the company has...
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