{
  "id": 8611814,
  "name": "N. J. FURTICK, SR., Administrator of the Estate of N. J. FURTICK, JR., v. BONNIE COTTON MILES",
  "name_abbreviation": "Furtick v. Bonnie Cotton Miles",
  "decision_date": "1940-05-01",
  "docket_number": "",
  "first_page": "516",
  "last_page": "517",
  "citations": [
    {
      "type": "official",
      "cite": "217 N.C. 516"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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    "ocr_confidence": 0.496,
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    "sha256": "da9259fb55f1da4a3474cfc195e8bf74fb65983a98b9ab140bf214df90761415",
    "simhash": "1:19beecc6701c039b",
    "word_count": 412
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  "last_updated": "2023-07-14T22:38:29.672243+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "N. J. FURTICK, SR., Administrator of the Estate of N. J. FURTICK, JR., v. BONNIE COTTON MILES."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nTbis was an action to recover damages for wrongful death of plaintiff\u2019s intestate. The plaintiff alleged in bis complaint, in substance, that the defendant constructed near its mill, and in or near the mill village, a pond or reservoir for purposes in connection with its manufacturing business, and that the bottom of the pond was uneven, some portions as covered by water being deeper than others; that the defendant discharged into the pond from its engines hot water containing oil or grease; that plaintiff\u2019s intestate, a young man aged seventeen years, who lived in the mill village and the members of whose family worked in the mill, in the attempt to rescue some ducks owned by members of his family, which said ducks \u201cwere swimming deeper and deeper in the water and appeared to be.in imminent danger of loss,\u201d went into the water and stepped into a deep hole and, though a good swimmer, was drowned. Plaintiff alleges that defendant was negligent in maintaining the pond without warning or notice of the depressions therein, and that it added to the danger by discharging into the pond hot water containing oil or grease. There was no allegation or contention that the pond was an attractive nuisance.\nDefendant\u2019s demurrer ore tenus was sustained and the action dismissed. We agree with the court below that the complaint fails to set out a cause of actionable negligence proximately causing the unfortunate death of the plaintiff\u2019s intestate.\nThe judgment sustaining the demurrer is\nAffirmed.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "S. J. Durham and J. A. Wilkins for plaintiff.",
      "J. Laurence Jones and Ernest JR. Warren for defendant."
    ],
    "corrections": "",
    "head_matter": "N. J. FURTICK, SR., Administrator of the Estate of N. J. FURTICK, JR., v. BONNIE COTTON MILES.\n(Filed 1 May, 1940.)\nNegligence \u00a7 4a \u2014 Complaint held insufficient to allege actionable negligence in maintenance of pond by defendant manufacturing company.\nAllegations that defendant maintained a pond in connection with its manufacturing business, that intestate, seventeen years of age, drowned therein when he stepped into a deep hole while wading to recover some duclts, and that defendant was negligent in failing to warn of the unevenness of the bottom of the pond and in increasing the danger by discharging hot water containing oil or grease in the pond, without allegation or contention that the pond constituted an attractive nuisance, held insufficient to state a cause of actionable negligence proximately causing intestate\u2019s death.\nAppeal by plaintiff from Sink, J., at January Term, 1940, of GastoN.\nAffirmed.\nS. J. Durham and J. A. Wilkins for plaintiff.\nJ. Laurence Jones and Ernest JR. Warren for defendant."
  },
  "file_name": "0516-01",
  "first_page_order": 582,
  "last_page_order": 583
}