Alabama Utilities Co. v. Champion

FOSTER, Justice.

This is an action at law for damages alleged to have been caused by the negligence of defendant’s agents or servants in the line and scope of their employment, in that they negligently caused a certain mentioned wire to be heavily charged with electricity.

Both counts 1 and 3 show that plaintiff was at a place where he had a right to be; that is, not a trespasser on defendant’s premises or property. When so, defendant owed to plaintiff the duty to exercise due care not to cause injury to him. An injury which is the proximate consequence of such failure is actionable.

The…