Smith v. Home Light and Power Co.

I respectfully dissent.

The trial court ruled as a matter of law that power lines used for the transmission of electricity are not products for purposes of Restatement (Second) of Torts § 402A (1965), nor is the transmission of electricity an ultra-hazardous activity implicating common law strict liability. See Restatement (Second) of Torts § 519 (1965). I agree with the latter ruling, but disagree with the former.

Although there is dicta in Federal Insurance Co. v. Public Service Company, 194 Colo. 107, 570 P.2d 239 (1977) comparing the distribution of electricity to the operation of a firing…