Jeffrey v. Union Electric Light & Power Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (1) When injury or death, is caused by coming in contact with such a wire, it is conclusively presumed that the insulation of the wire was defective, and the doctrine of res ipsa loquitur applies.
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Appeal from St. Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (1) When injury or death, is caused by coming in contact with such a wire, it is conclusively presumed that the insulation of the wire was defective, and the doctrine of res ipsa loquitur applies. Yon Trebra v. Gas Light Co., 209 Mo. 659; Geisman v. Edison EL Co., 173 Mo. 678; Eyan v. Eailroad, 190 Mo. 621; Young v. Oil Co., 185 Mo. 634'; Gannon v. Gas Light Co., 145 Mo. 502; Dolan v. Same, 145 Mo. 550; 15 Cyc. 471. (2) It is not contributory negligence, as a matter of law, for one to attempt to remove a telephone wire…
1Opinion of the CourtNobtoni, J.
This is a suit for damages alleged to have accrued to plaintiff through the negligence of defendant, which, it is said, occasioned the wrongful death of his minor son. The finding and judgment were for defendant, and plaintiff prosecutes the appeal.
Plaintiff is the father of Boy Jeffrey, a youth aged seventeen years, one month and nineteen days, at the date of his death. Plaintiff’s son was in the employ of the Bell Telephone Company, and had been for six months, as a wire splicer and inspector, and came to his death while engaged in the line of duty through receiving an electric shock…
Also in this document: Concurrence.
2Cases cited3 opinions
- Trout v. Laclede Gaslight Co.Missouri Court of Appeals · 1910
- Mahan v. Newton & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1905
- Trout v. Laclede Gas Light Co.Missouri Court of Appeals · 1911
3Cited by1 opinion
- Hollis v. Kansas City Light & Power Co.Missouri Court of Appeals · 1920