Crandall v. Consolidated Telephone, Telegraph & Electric Co.
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Third Judicial District, in and for the County of Maricopa. Edward Kent, Judge. STATEMENT OF FACTS BY THE COURT. This action was brought by the plaintiff, as administratrix of the estate of her deceased husband, to recover damages on account of injuries received by him from the negligent acts of the defendant resulting in his death.
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APPEAL from a judgment of the District Court of the Third Judicial District, in and for the County of Maricopa. Edward Kent, Judge. STATEMENT OF FACTS BY THE COURT. This action was brought by the plaintiff, as administratrix of the estate of her deceased husband, to recover damages on account of injuries received by him from the negligent acts of the defendant resulting in his death. The negligence charged in the complaint was that the defendant strung its wires in too close proximity to the power transmission wires of the Consolidated Canal Company’s wires without protection against coming…
1Opinion of the CourtCunningham, J.
Appellee contends that the act of Cuber was an intervening efficient cause of the damage, and that the injury proximately resulted therefrom. The trial court also adopted this view, and so applied the rule to the admitted facts. The appellant contends that the act of Cuber in cutting the limb of the tree, causing the power wires to become severed and fall upon the telephone wires and transfer the deadly electric current thereto, was at most a concurrent negligent act with the negligence of appellee allowing its wire to remain in close proximity to the highly charged power wires without…
2Cases cited4 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Pullman Palace Car Co. v. LaackIllinois Supreme Court · 1892
- Christianson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1896
- Colorado Mortgage & Investment Co. v. ReesSupreme Court of Colorado · 1895
3Cited by13 opinions
- Nichols v. City of PhoenixArizona Supreme Court · 1949
- Salt River Valley Water Users' Ass'n v. CornumArizona Supreme Court · 1937
- Tucker v. CollarArizona Supreme Court · 1955
- Central Alarm of Tucson v. GanemCourt of Appeals of Arizona · 1977
- Godbey v. Grinnell Electric & Heating Co.Supreme Court of Iowa · 1921
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