Day v. Consolidated Light, Power & Ice Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court.— Hon. Haywood Scott, Judge. (1) Plaintiffs made a prima-facie case by showing by substantial testimony that defendant’s wires, charged with an electric current sufficient to cause death, were maintained by defendant with the insulation in a rotten and defective condition at a point in a public alley where persons had a right to go, and where it knew or could have known that persons were likely to come in contact with said wires; and further…
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Appeal from Jasper Circuit Court.— Hon. Haywood Scott, Judge. (1) Plaintiffs made a prima-facie case by showing by substantial testimony that defendant’s wires, charged with an electric current sufficient to cause death, were maintained by defendant with the insulation in a rotten and defective condition at a point in a public alley where persons had a right to go, and where it knew or could have known that persons were likely to come in contact with said wires; and further showing that plaintiffs’ six-year-old son, while at this place came in contact with said wires and was killed. Geisman…
1Opinion of the CourtJohnson, J.
Plaintiffs were the parents .of Shelton Day Moody, a boy six years old at the time of his death which occurred February 14, 1907. Defendant is a corporation engaged in the business of manufracturing and vending electricity for light and power in the city of Joplin. The death of the child was caused by an electric shock which he received by coming in contact with one of defendant’s highly charged wires, and it is alleged in the petition that defendant was negligent, first, in placing the wire and, second, in permitting it to remain in a defective and dangerous condition caused by the decay and…
2Cases cited4 opinions
- Geismann v. Missouri-Edison Electric Co.Supreme Court of Missouri · 1903
- McLaughlin v. Louisville Electric Light Co.Court of Appeals of Kentucky · 1896
- Van Winkle v. American Steam Boiler Co.Supreme Court of New Jersey · 1890
- Winkelman v. Kansas City Electric Light Co.Missouri Court of Appeals · 1905
3Cited by11 opinions
- Dow v. Sunset Telephone & Telegraph Co.California Supreme Court · 1910
- Ferrell v. Dixie Cotton MillsSupreme Court of North Carolina · 1911
- Jacksonville Ice & Electric Co. v. MosesCourt of Appeals of Texas · 1911
- Layne v. Louisiana Power & Light Co.Louisiana Court of Appeal · 1935
- Trout v. Laclede Gaslight Co.Missouri Court of Appeals · 1910
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