Cooley v. Public Service Co.

90 N.H. 460, 10 A.2d 673 (1940)

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Nature of the Case

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Facts

Public Service Co. (D) maintained uninsulated power lines. During a severe storm, the power line broke and burned through the telephone line. Cooley (P) was on the phone when the accident occurred. The accident caused a loud noise to come through the phone. The noise scared her, made her faint, and caused severe physical consequences. P sued for damages, not claiming negligence, but instead, claiming that the D should have anticipated: 1) that the wires might fall; 2) that a telephone user would hear a loud noise; or 3) as a result the phone user would suffer injuries. P claims that as a result, it was D's duty to prevent the power lines from coming in contact with the phone lines. P continued by suggesting two things D should have done based on insulated wire mesh nets. The jury found for P. D appealed.