Giraude v. Elec. Improvement Co. of San Jose

Citations

• 107 Cal. 120
• 40 P. 108
• 1895 Cal. LEXIS 720

Syllabus

<p>Negligence — Dangerous Position of Electric Wires—Liability of Electric Company.—An electric company, in using the dangerous force of electricity not generally used, is required to use very great care to prevent injury to person or property, and it is sufficient proof of negligence for it not to raise its wires so high above a roof on which they are placed that those having occasion to go there will not come in contact with them.</p> <p>Id.—Injury to Hotel Servant—Contributory Negligence.—Where a hotel servant, employed as a dishwasher, was required by his master to go upon the roof of the hotel to assist in placing signs, and was there injured from contact with electric wires, without knowledge of the location of the wires upon the roof, or without recollection of having ever seen them, or known of their location, he cannot be charged with contributory negligence, as matter of law, on the ground that he ought to have known the location of the wires, and should have taken care to avoid them.</p> <p>Id. — Failure to Recollect Position of Wires — Want of Ordinary Care—Question for Jury.—Even if the defendant had previously observed the wires it would be a question for the jury to say whether it was the want of ordinary care for him not to have recollected their location when injured.</p> <p>Id. — Rule as to Forgetfulness of Danger — Reasonable Construction.—The rule that, if one was aware of a fact which should have put him upon his guard, he cannot rebut the presumption of contributory negligence by showing that he momentarily forgot it, must have a reasonable construction; and to forget is not negligence, unless it shows the want of ordinary care, and that is a question for the jury.</p> <p>Id.—Insulation of Wires—Effect of Moisture—Knowledge of Plain- ■ tiff.—If the insulating material with which the wires were covered was not in good condition it is the fault of the electric company; and if the fact that the wires were wet destroyed the insulation for the time,