King v. Manetta Mills Co.

Per Curiam. The duty devolving upon those who undertake to operate and maintain electric power lines is succinctly stated in Helms v. Power Co., 192 N. C., 784, and cases cited, and in Mitchell v. Electric Co., 129 N. C., 166, and Ellis v. Power Co., 193 N. C., 357. Whether the failure to maintain the proper insulation of electric power wires fifteen to eighteen feet from the ground would constitute actionable negligence and impose liability in damages to one who placed another wire across the power wire and was injured, and whether such result was foreseeable in the exercise of due care under the circumstances (Hudson v. R. R., 176 N. C., 488), need not be here decided, as it is apparent that the condition of the insulation on the power wire and the use of the wire for the transmission of electric power were well known to plaintiff’s intestate, who had lived and worked there five or six years and was an intelligent man. Under these circumstances, to attempt to pull a radio wire across and upon a live electric power wire, from which, at places, it was plainly observable that the insulation had worn or fallen, leaving the bare wire visible, would sufficiently indicate failure on the part of the plaintiff’s intestate to exercise ordinary care and precaution for his own safety. Upon this view of the case, we think the judgment of nonsuit was properly entered. Affirmed.