MONTGOMERY v. MONROE TELEPHONE COMPANY

No. 461.

128 S.E.2d 121 (1962)

258 N.C. 172

Edith M. MONTGOMERY v. MONROE TELEPHONE COMPANY, Inc.

Supreme Court of North Carolina.

November 21, 1962.


Attorney(s) appearing for the Case

Coble Funderburk, Monroe, for plaintiff appellant.

Carpenter, Webb & Golding, by William B. Webb, Charlotte, for defendant appellee.


PER CURIAM.

The theory of plaintiff's action, as alleged in her complaint and as contended in the trial and here, is that lightning was conducted over defendant's telephone wire and into the receiver of the telephone while she was talking over it due to defendant's negligence, and this was the proximate cause of her injuries. And yet when we examine the evidence, plaintiff has offered no evidence, either direct or circumstantial, of any electrical storm or lightning...

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