Tibbetts v. Central Maine Power Co.

Action on the case to recover damages for the destruction of the plaintiff’s dwelling house by fire. The plaintiff in his writ set forth three counts for negligence, (1) alleging failure of the defendant to repair or replace defective wires after notice, . (2) failure of the defendant to disconnect or shut off the power in the defective wires after notice, and (3) negligence of the defendant in attaching wires to the limb of an apple tree in a place exposed to storm. The defendant pleaded the general issue. Trial by jury.

The third count in the plaintiff’s writ was eliminated from the…