Judge v. Narragansett Electric Lighting Co.
Supreme Court of Rhode Island
Trespass on the Case for negligence resulting in the death of plaintiff’s intestate. Heard on defendant’s petition for a new trial.
1Opinion of the Court
Matteson, O. J.(1) Though the evidence is ample to sustain the verdict so far as the issue of the defendant’s negligence is concerned, we do not think that the verdict is sustainable on the issue of due care on the part of the deceased. Indeed, we do not see that there is any evidence that he was in the exercise of due care. The testimony shows that a few minutes before the accident he was seen engaged in shaking out a cross in the wires, and this is all, so far as appears, that is known concerning his acts while he was on the pole. Shortly afterwards he was found on the ground at the bottom…
2Cited by5 opinions
- Knowlton v. Des Moines Edison Light Co.Supreme Court of Iowa · 1902
- Trout v. Laclede Gaslight Co.Missouri Court of Appeals · 1910
- Fraioli v. LemckeDistrict Court, D. Rhode Island · 2004
- Cutler v. Putnam Light & Power Co.Supreme Court of Connecticut · 1908
- Louis Zuckerman v. Rita L. Tatarian, Georgiana Kelly, Rita Tatarian, Patricia KellyCourt of Appeals for the First Circuit · 1969