Goar v. Village Of Stephen

196 N.W. 171 (1923)

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Nature of the Case

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Facts

While in her own home, P was injured by a high voltage current. Village (D) maintains its own electric distributing plant. The current is generated by Minnesota Electric Distributing Company (company), sold to D, and delivered through a master meter situated on the D boundary. In September 1920, the company, as an independent contractor, undertook to reconstruct the distributing system of D, according to plans and specifications prepared by the company for and accepted by D. At the same time, a contract was entered into for the sale of current by the company to D. The work was guaranteed to be free from defects of any kind for one year from date of acceptance and repairs, and adjustments were to be free for one year. D assumed the duty to report defects and to inspect and accept the work. The work was completed and accepted by D on or about March 1, 1921. The accident occurred seventeen and one-half months after completion of the reconstruction and its acceptance by D. As part of the work a transformer pole was located near P's home. It was to step down the voltage from 2300 volts to 220 or 110 volts. The wires used were insulated so no electrical connection was possible. However, the company installed the wires too close together and because of the movement of the wires they rubbed together and when the insulation was worn through, P received 2,300-volt current into her home. P sued Ds. The one charge of negligence against the company is that it failed to allow sufficient clearance at the point where the disastrous contact occurred. The same charge is made against D, and it is averred in addition that it failed in its duty properly to inspect and maintain. P got the verdict against both and they both appealed.