Wade v. Empire District Electric Co.

Citations

• 94 Kan. 462
• 147 P. 63
• 1915 Kan. LEXIS 109

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Electric Wires — Suspended Over Highway — Highest Degree of Care Required of Electric Companies. Electric companies that suspend wires charged with a high voltage of electricity over or along the highway are required to exercise the highest care in constructing and maintaining their poles and wires so as to avoid injury to those using the highway for work, business and pleasure.</p> <p>2. Same — Moving Mining Derrick — Death of Workman — Evidence Did Not Show Contributory Negligence as a Matter of Law. A workman who was moving a mining derrick along a highway, a lawful and recognized use, found his passage obstructed by wires of the size and appearance of those used in telephone service suspended about nineteen feet above the ground, while the derrick he was moving extended about a foot higher. To effect a passage he climbed the derrick in order to lift the wires, after being warned by a fellow workman to be careful, and while lifting the wires was electrocuted. In an action to recover for his death, it is held that the testimony shows a prima facie case of negligence on the part of the electric company, and, further, under the circumstances as shown by the testimony the workman can not be charged with contributory negligence as a matter of law in climbing the pole and endeavoring to lift the wires over the top of the derrick.</p>