Toledo Rys. & Light Co. v. Rippon

Citations

• 18 Ohio C.C. Dec. 561
• 8 Ohio C.C. (n.s.) 334

Syllabus

<p>1. Electric Wire, Heavily Charged, Negligently Placed near Telegraph Wire, is Proximate Cause of Death of one Coming in Contact with Latter.</p> <p>Where a company engaged in furnishing and transmitting electricity for lighting and power purposes negligently places its wires in too close proximity to the wire of a telegraph company, so that a storm, deranging such wire, produces a contact, and a workman of the latter company, engaged in repairing its wire, is killed hy the powerful current, such negligence of the light and power company is the proximate cause of the death.</p> <p>'2. In Action eob Wrongjoj. Death, Charge that Decedent is Presumed to have Used Ordinary Care not Prejudicial.</p> <p>A charge to the jury, in an action for wrongful death, that the decedent is presumed to have used ordinary care, is not prejudicial to the defendant if the jury are not led to believe by any further instruction that they must do more than simply find contributory negligence from a preponderance of the evidence.</p> <p>3. Escape of Dangerous Electric Current not Per Se Negligence.</p> <p>Where a dangerous current of electricity is allowed to escape from the wires of the company supplying it, this does not establish negligence per se ■ in such company in an action against it for injury sustained by reason of such escape. The burden is still on plaintiff to show that negligence actually existed.</p>