Marsee v. Kentucky Utilities Co.

CULLEN, Commissioner.

Charles Marsee, while standing under a clump of small trees near a pathway passing through a field, during a rain and wind storm, was killed by some electrical force. Contending that the electrical force was not lightning, but was a charge of electricity from high-voltage lines of the Kentucky Utilities Company which crossed the field close to the clump of trees, Marsee’s administrator sued the company for damages for wrongful death. A directed verdict was given for the company, -and the administrator appeals.

The first ground for reversal asserted by the appellant is that…