Laney v. Consumers Power Co.

The issue presented in this wrongful death case is what standard of care is applicable to a public utility which maintains electric power lines near trees accessible to children. We hold that the reasonable care standard is applicable and consequently that the trial court did not err by refusing to instruct the jury that a "high degree of care” standard was applicable. We also hold, however, that the reasonable care instruction given in this case was defective and that reversal is required because it failed to inform the jury that application of the standard in this case required the…