Logan v. Empire District Electric Co.

Citations

• 99 Kan. 381
• 161 P. 659
• 1916 Kan. LEXIS 515

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Negligence — Uninsulated Wires Over Highway — Moving Building — Contact with High Tension Overhead Wires — Personal Injuries. The defendant maintained across a public road a system of poles and wires, including two telephone wires and a ground wire, which were nineteen feet above the roadway, and two high-tension wires, uninsulated, which carried 33,000 volts and which were suspended twenty-three feet two inches above the roadway. Plaintiff was assisting in moving a frame store building along the road, and while attempting to raise the telephone wires or the ground wire over the roof of the building he came in contact with one of the high-tension wires and received serious injuries. Held:</p> <p>1. Same — Evidence of Extent and Use of Highway Proper. For the purpose of showing that defendant should have anticipated the use of the highway for such purpose, evidence was admissible to show the extent to which the highway had been used for moving of buildings, machinery and other structures higher than the wires in question, not only before, blit after defendant’s wires were placed there.</p> <p>2. Same — Evidence—Finding—Wires a Menace — Notice to Defendant. The evidence justified a finding that before the wires were erected there had been, and thereafter continued to be, such a use of .the highway for moving buildings, machinery and other structures as would bring notice to the defendant that its high-tension wires were a menace to human life, unless precautions were taken to prevent their interference with such use.</p> <p>3. Same — Duty of Defendant to Anticipate Proper Use of Highway. It was the duty of the defendant to anticipate the moving of buildings of greater height than the wires and to take precautions to protect persons liable to be on such structures from danger of coming in contact with its wires. (Winegarner v. Edison, 83 Kan. 67, 109 Pac. 778.)</p> <p>4. Same — Evidence—Rule of Defendant — Offering Assistance Upon Notic