DENNIS v. CITY OF ALBEMARLE

No. 599.

87 S.E.2d 561 (1955)

242 N.C. 263

John Teeman DENNIS v. The CITY OF ALBEMARLE, Ray Snuggs, and D. A. Holbrook, Contractor.

Supreme Court of North Carolina.

May 25, 1955.


Attorney(s) appearing for the Case

C. M. Llewellyn and M. B. Sherrin, Jr., Concord, for plaintiff, appellee.

R. L. Smith & Son and Henry C. Doby, Jr., Albemarle, for defendant City of Albemarle, appellant.


BOBBITT, Justice.

When the evidence is considered in the light most favorable to plaintiff, the case presented was one for submission to the jury. Hence, defendant's assignments of error, based on the denial of its motions for judgment of nonsuit, are overruled.

The facts as to the purpose and location of the power line are stated above. Plaintiff's evidence tends to show that the height of the wires, over the church road, was nine feet, nine inches.

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