Yeager v. Edison Electric Co.
Yeager v. Edison Electric Co.
Opinion of the Court
Opinion by
This appeal is from the refusal of the court below to take off a judgment of compulsory nonsuit. The defendant company was charged with negligence in failing to properly insulate its wires, which were heavily charged with electricity. Upon the trial, at the close of plaintiff’s evidence, the court entered judgment of nonsuit upon the ground that the proof did not show that the wires were in improper condition before the accident. Plaintiff has appealed, and complains of the exclusion of evidence tending to show improper insulation at the point where the accident occurred, and he also contends that the questions of negligence by the defendant, and contributory negligence by the plaintiff were for the jury. The evidence shows that the plaintiff at the time was engaged in painting the outside of a small brick building at the reservoir of the City of Lancaster. The wires of the defendant company entered the building in the peak at the rear, some twenty feet from the ground. The plaintiff was standing upon a ladder engaged in painting the end of the building, in the immediate vicinity of the wires. In shifting his position his shoulder came in contact with one of the wires, resulting in his receiving a severe electric shock which caused permanent injury. The wires were covered with some material, and the plaintiff apparently took it for granted that they were safely insulated. The result showed that this was not the case. In his opinion refusing to take off the nonsuit, the trial judge says: “The plaintiff offered to prove by J. H. Shenk, who has
The trial judge erred in excluding testimony offered to show that the wires wrere faulty in construction, and were not properly insulated at the spot where the accident occurred. Such evidence would fairly have raised a question for the jury.
The second, seventh, eighth, ninth and tenth assignments of error are sustained; and the judgment is reversed with a procedendo.
Reference
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- Syllabus
- Negligence — Electric companies — Electric wires — Duty to insulate properly — Contributory negligence — Evidence—Nonsuit. 1. The duty of those in control of a deadly electric current to exercise the highest degree of care in protecting electric wires at points where they enter buildings or where it may reasonably be expected that persons in discharge of duty may accidently come in contact 'with, them, is not met by using only such insulation as would be. safe on wireg hanging in the air and out of ordinary reach. 2. One who is brought by his employment in close proximity to electric wires which are apparently insulated, is not guilty of contributory negligence in coming in contact with the wires, unless the contact was the result of heedlessness, or of his own lack of proper precautions for his safety. 3. In an action against an electric company to recover damages for injuries due to defectively insulated wires, the questions of defendant’s negligence and plaintiff’s contributory negligence are for the jury where it appears that the plaintiff, while painting the outside of a house, accidently came in contact with plaintiff’s apparently insulated electric wires near a point where they entered the house about twenty feet above the ground, and that the insulation material, while such as in ordinary use on wires hanging in the air and out of ordinary reach, did not make the wires safe. 4. In such a case it is error to exclude evidence tending to show that the wires were faulty in construction and not properly insulated at the spot where the accident occurred, although the wires were admitted to be insulated with a material in general use.