Metropolitan Street-railway Co. v. Gilbert

The opinion of the court was delivered by

Mason, J. :

Edward Gilbert recovered a judgment against the Metropolitan Street-railway Company on account of injuries received by him through coming in contact with the end of a broken telegraph or telephone wire which had fallen to the ground upon a public street and had become charged with electricity by contact with the wire of the railway company. The company brings this proceeding to reverse the judgment. Only one question is presented — whether it was error for the trial court to charge the jury that the defendant was bound to use the highest…