Hoffman v. Leavenworth Light, Heat & Power Co.

Citations

• 91 Kan. 450
• 138 P. 632
• 1914 Kan. LEXIS 55

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Death — Occurring on Military Reservation — Electric Cur~ rent — Liability of Electric Power Company. The statute (Civ. Code, § 419) providing for the recovery of damages for death caused by wrongful act was in force before the pas^ge of the act ceding to the United States jurisdiction over the Fort Leavenworth Military Reservation (Laws 1875, ch. 66, Gen. Stat. 1909, § 4584), and it is no defense to an action to recover such damages against a power company supplying an electric current for arc lighting on such reservation that the death occurred thereon.</p> <p>2. Same — Power Company — No Control of Wires or Poles on Reservation — Not Liable for the Negligent Management Thereof. When such power is simply furnished to a responsible party for use in a system of poles, wires and appliances, owned and controlled by such party and in proper condition to receive the current safely, the furnishing party is not required to maintain inspection or to see at its peril that such equipment is kept safe, but so long as not chargeable with knowledge of some defeet therein it may assume that, such safety will be maintained, and the fact that in furnishing such power for arc lighting the seller undertakes to supply and maintain the necessary lamps and carbons does, not change the rule. In order to hold the seller liable it must appear that it continued to furnish and turn on the current after knowing that the purchaser had permitted the equipment to become defective.</p>