Peoples v. Columbus, Delaware & Marion Elect Co.

Do these facts show a cause of action upon negligence? That was the sole question in the court below and is the sole one here.

Negligence, constituting a cause of civil action, has been thus defined:

“It is such an omission, by a responsible person, to use that degree of care, diligence and skill which it w,as his legal duty to use for the protection of another person from injury as, in a natural and continuous sequence, causes unintended damage to the latter.”

Shearman & Redfield on the Law of Negligence, Sixth Edition, Volume 1, page 10, Section 3.

In the instant case, the defendant, by its…