McCaffrey Ex Rel. McCaffrey v. Concord Electric Co.
Supreme Court of New Hampshire
Case, for negligence. Trial by jury and verdict for the plaintiff. The defendants excepted to the denial of their motion for a directed verdict and to certain instructions to the jury. The evidence relating to the exceptions is stated in the opinion. Transferred from the October term, 1919, of the superior court by Branch, J.
1Opinion of the CourtParsons, C. J.
The plaintiff, a boy of thirteen years, climbed a tree standing within the highway limits of a Concord street in a race with another boy to reach a hornets’ nest in the tree. After climbing some distance he stopped to observe the progress of his competitor and while looking downward raised his hand above his head and grasped the defendants’ wire, passing through the tree twenty feet above the ground, and received the injury for which suit is brought.
There is no evidence or suggestion that the defendants were not rightfully occupying the place where their wires passed for the trans portation…
2Cases cited9 opinions
- Temple v. McComb City Electric Light & Power Co.Mississippi Supreme Court · 1906
- Daltry v. Media Electric Light, Heat & Power Co.Supreme Court of Pennsylvania · 1904
- Benton v. North Carolina Public-Service Corp.Supreme Court of North Carolina · 1914
- Hector v. Boston Electric Light Co.Massachusetts Supreme Judicial Court · 1894
- Mullen v. Wilkes-Barre Gas & Electric Co.Supreme Court of Pennsylvania · 1910
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3Cited by15 opinions
- Stark v. HoltzclawSupreme Court of Florida · 1925
- Cooper v. North Coast Power Co.Oregon Supreme Court · 1926
- State Ex Rel. Kansas City Light & Power Co. v. TrimbleSupreme Court of Missouri · 1926
- Wood v. Public Service Co.Supreme Court of New Hampshire · 1974
- Smith v. Boston & Maine RailroadSupreme Court of New Hampshire · 1935
10 more not listed; retrieve them via the Exa API.