Starling v. Mills, (No. 149.)

Docket Nº(No. 149.)
Citation84 S.E. 388, 168 N.C. 229
Case DateMarch 03, 1915
CourtUnited States State Supreme Court of North Carolina

84 S.E. 388
168 N.C. 229

STARLING.
v.
SELMA COTTON MILLS.

(No. 149.)

Supreme Court of North Carolina.

March 3, 1915.


Appeal from Superior Court, Chatham County; Connor, Judge.

Action by W. C. Starling, administrator, against the Selma Cotton Mills. Judgment of nonsuit, and plaintiff appeals. Reversed.

Manning & Kitchin, of Raleigh, for appellant.

A. Jones & Son and Douglass & Douglass, all of Raleigh, for appellee.

CLARK, C. J. This is an appeal from a judgment of nonsuit. The plaintiff's intestate, a bright little boy five years of age, was drowned in a reservoir on defendant's premises Saturday afternoon, February 20, 1909. The reservoir was about 50 feet around, with a brick wall around it. It was 2 or 3 inches from the top of the brick wall to the water on the inside. Rev. Mr. Morris testified that there had been a fence around the reservoir, and that there was still " * * * a piece of one there at the time of the drowning of the little boy, Alma Starling." He testified that the fence was put up with post-oak posts skinned and the bark taken off, and slatted up between the posts which were 8 feet apart, with slats fastened with small nails. These slats were 3 inches apart at the bottom, and wider apart going up, till they were 8 inches apart at the top. The fence was 3 1/2 or 4 feet high. This reservoir was close to the mill and near the tenement houses of the operatives, and their small children played around it almost every day, rolling their hoops up and down the platform on the side of the reservoir. The father of Alma Starling, who was a mill operative, lived 210 feet from the reservoir. The witness testified further:

"The fence around the reservoir was decayed and rotted and falling down. Some of it had fallen off. There were several places around the reservoir where the slats had fallen off, mostly on the side of the street where they had hauled coal. The slats had fallen off at the bottom. There was one hole in the fence I could crawl through. That hole was something like 10 feet from the place where the body was found. There were three places where the fence had rotted down. I had talked with Mr. Rose, the superintendent, about the condition of the fence, and heard him speak about it. It had been in that condition for some time. Pretty soon after this drowning I got orders to put the fence up. The reservoir was about 15 feet from the mill. There was a passageway between the reservoir and the mill. There is a sloping earth bank on the outside that leads up to the top of the wall on which the fence was built."

The water on the inside he said came within 2 or 3 inches of the top of this wall. The posts were 8 feet apart, and the wall was 16 or 18 inches broad at the top. The slope of the wall on the outside was gradual.

There is also evidence that small children were playing about the reservoir and all around it every day. The reservoir was 25 or 30 steps from the front end of the mill. Small children of all sizes played around...

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22 practice notes
  • Housing Authority of Atlanta v. Famble, Nos. 67078
    • United States
    • United States Court of Appeals (Georgia)
    • March 29, 1984
    ...likely to trespass since it was aware of the playground's close proximity to the headwall/inlet pipe. See Starling v. Selma Cotton Mills, 168 N.C. 229, 84 S.E. 388; Franks v. Southern Cotton Oil Co., 78 S.C. 10, 58 S.E. 960. Condition (c): The jury was authorized to find, given the circumst......
  • Bicandi v. Boise Payette Lumber Co., 6037
    • United States
    • United States State Supreme Court of Idaho
    • May 3, 1935
    ...487, 78 L.Ed. 882; Franks v. Southern Cotton Oil Co., 78 S.C. 10, 58 S.E. 960, 12 L. R. A., N. S., 468; Starling v. Selma Cotton Mills, 168 N.C. 229, 84 S.E. 388, L. R. A. 1915D, 850; Renno v. Seaboard Air Line Ry. Co., 120 S.C. 7, 112 S.E. 439.) The act of the watchman in permitting deceas......
  • Walston v. Greene, No. 23
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • February 26, 1958
    ...v. Seaboard & R. R. Co., 114 N.C. 699, 19 S.E. 730, 25 L.R.A. 784, 41 Am.St. Rep. 799--22 months of age; Starling v. Selma Cotton Mills, 168 N.C. 229, 84 S.E. 388, L.R.A.1915D, 850--a bright little boy 5 years of age; Campbell v. Model Steam Laundry, 190 N.C. 649, 130 S.E. 638--4 years of a......
  • Bass v. Quinn-Robbins Co., QUINN-ROBBINS
    • United States
    • United States State Supreme Court of Idaho
    • April 6, 1950
    ...Many of the cases concern premises which were fenced, and illustrate the futility of such barriers. Starling v. Selma Cotton Mills, 168 N.C. 229, 84 S.E. 388, L.R.A.1915D, 850; Price v. Atchison Water Co., 58 Kan. 551, 50 P. 450, 62 Am.St.Rep. 625; Texas Public Service Co. v. Laughead, Tex.......
  • Request a trial to view additional results
22 cases
  • Housing Authority of Atlanta v. Famble, Nos. 67078
    • United States
    • United States Court of Appeals (Georgia)
    • March 29, 1984
    ...likely to trespass since it was aware of the playground's close proximity to the headwall/inlet pipe. See Starling v. Selma Cotton Mills, 168 N.C. 229, 84 S.E. 388; Franks v. Southern Cotton Oil Co., 78 S.C. 10, 58 S.E. 960. Condition (c): The jury was authorized to find, given the circumst......
  • Bicandi v. Boise Payette Lumber Co., 6037
    • United States
    • United States State Supreme Court of Idaho
    • May 3, 1935
    ...487, 78 L.Ed. 882; Franks v. Southern Cotton Oil Co., 78 S.C. 10, 58 S.E. 960, 12 L. R. A., N. S., 468; Starling v. Selma Cotton Mills, 168 N.C. 229, 84 S.E. 388, L. R. A. 1915D, 850; Renno v. Seaboard Air Line Ry. Co., 120 S.C. 7, 112 S.E. 439.) The act of the watchman in permitting deceas......
  • Walston v. Greene, No. 23
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • February 26, 1958
    ...v. Seaboard & R. R. Co., 114 N.C. 699, 19 S.E. 730, 25 L.R.A. 784, 41 Am.St. Rep. 799--22 months of age; Starling v. Selma Cotton Mills, 168 N.C. 229, 84 S.E. 388, L.R.A.1915D, 850--a bright little boy 5 years of age; Campbell v. Model Steam Laundry, 190 N.C. 649, 130 S.E. 638--4 years of a......
  • Bass v. Quinn-Robbins Co., QUINN-ROBBINS
    • United States
    • United States State Supreme Court of Idaho
    • April 6, 1950
    ...Many of the cases concern premises which were fenced, and illustrate the futility of such barriers. Starling v. Selma Cotton Mills, 168 N.C. 229, 84 S.E. 388, L.R.A.1915D, 850; Price v. Atchison Water Co., 58 Kan. 551, 50 P. 450, 62 Am.St.Rep. 625; Texas Public Service Co. v. Laughead, Tex.......
  • Request a trial to view additional results

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