Humphrey v. Twin State Gas & Electric Company

139 A. 440 (1927)

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Nature of the Case

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Facts

D is a corporation engaged in the business of generating and distributing electrical energy for heating, lighting, and power purposes. In the spring of 1925, the high water carried out a part of the roadbed, taking a section of D's pole line with it. D, having obtained the landowner's permission so to do, effected a temporary repair by stringing its wires on poles and trees across the owner's woodlot, intending to rebuild its line on its former location as soon as the roadbed was repaired. On October 28, 1925, a tie wire broke on this new installation and the live feed wire which it held pulled off and sagged onto a wire fence charging it with a deadly current of electricity. P and a companion named Brothers were out hunting and passed over the owner's land. They pursued a well-worn path or road which took them to the wire fence. They attempted to pass through or over this fence and came in contact with it. Brothers was instantly killed by the current, and P was severely injured. P sued D. D moved for a directed verdict, which motion was granted, and the plaintiff excepted. P appealed.