Gloucester Electric Co. v. Dover

Citations

• 153 F. 139
• 82 C.C.A. 291
• 1907 U.S. App. LEXIS 4389

Syllabus

<p>1. Electricity--Injury from Live Wire — Action—Issues.</p> <p>In an action by a telephone lineman against an electric light company to recover for a personal injury received by plaintiff from contact with an uninsulated part of a wire strung in close proximity to a telephone! pole on which plaintiff was working, the question at issue is not one of assumption of risk, but of due care and reasonable inspection on the part of defendant in relation to its wire, and of due care on the part of plaintiff in the manner of doing his work in view of the known danger.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 18, Electricity, §§ 6-11.]</p> <p>2. Same — Questions eor Jury — Contributory Negligence.</p> <p>Plaintiff, who was a telephone lineman, was directed to climb 8 pole to assist in stringing a wire thereon. Defendant electric company maintained a highly charged electric light wire which passed within four inches of the pole, and on the side nearest the pole the insulation had been worn or burned off. There was already one man on the pole above such wire, and plaintiff testified that he looked at the wire from the ground and the insulation appeared to be all right. He went up on the opposite side, and at the time he reached the wire the pole was swayed, apparently by some action of the man above, and his hands came in contract with the exposed wire, resulting in his injury. Hold, that such evidence did not warrant an inference of negligence on his part as matter of law, but such question was properly one for the jury.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 38, Electricity, § 13.]</p> <p>8. Negligence — Action—Instructions—Contributory Negligence.</p> <p>On the trial of an action for a personal injury, the charge of the court with respect to the question of contributory negligence held erroneous, in that it tended to lead the jury to determine the question of due care with reference to the particular plaintiff and his own situation an