Dwight Mfg. Co. v. Word
Supreme Court of Alabama
Appeal from City Court of Gadsden; John -H. Disque, Judge. Action by James Word against the Dwight Manufacturing Company for personal injuries caused by electricity. Judgment for plaintiff, and defendant appeals.
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Appeal from City Court of Gadsden; John -H. Disque, Judge. Action by James Word against the Dwight Manufacturing Company for personal injuries caused by electricity. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section 6, Acts 1911, p. 449. The case was submitted to the jury on counts 4, 5, 6, and 7, and the averment of fact common to all of them is as follows: Count 4. The plaintiff claims of defendant corporation the further sum of $5,000 as damages for.that on, to wit, the 11th day of June, 1914, plaintiff was in the employ of the Southern Bell…
1Opinion of the CourtSomerville, J.
We approve as sound the following rules of law, which are well settled by the most authoritative decisions in this country:
[1] 1. “The duty of an electric company, in conveying a current of high potential, to exercise commensurate care under the circumstances, requires it to insulate its wires, and to use reasonable care to keep the same insulated, whex-ever it may l-easonably be anticipated that persons, pursuing business or pleasure, may come in contact therewith. This statement of the rule implies that, in the absence of statute or municipal ordinance, it is not necessary to insulate wires…
2Cases cited10 opinions
- Hebert v. Lake Charles Ice, Light & Waterworks Co.Supreme Court of Louisiana · 1903
- Smith v. GayleSupreme Court of Alabama · 1877
- Home Telephone Co. v. FieldsSupreme Court of Alabama · 1907
- Macon v. Paducah St. Ry. Co.Court of Appeals of Kentucky · 1901
- McDonald v. Montgomery Street RailwaySupreme Court of Alabama · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Alabama Power Company v. TaylorSupreme Court of Alabama · 1975
- Alabama Power Company v. MosleySupreme Court of Alabama · 1975
- Sullivan v. Alabama Power Co.Supreme Court of Alabama · 1944
- Alabama Power Company v. SmithSupreme Court of Alabama · 1962
- Steenhuis v. HollandSupreme Court of Alabama · 1927
46 more not listed; retrieve them via the Exa API.