Hellweg v. Chesapeake & Potomac Telephone Co.

MILLER, Associate Justice.

Appellant is the superintendent of the United States Naval Observatory in Washington, D. C. On the afternoon of June 6, 1934, while using the telephone in his office, he was struck in the ear by a discharge of electricity which flowed from the receiver of the telephone. An electrical storm was in progress at the time of the accident; and a flash of lightning occurred simultaneously.

Upon the closing of appellant’s case — as plaintiff in the court below — and upon appellee’s motion, the court directed the jury to return a verdict for appellee, for the reason that…