Southern Maryland Electric Cooperative, Inc. v. Blanchard

HornEy, J.,

filed the following dissenting opinion, in which Oppenheimer and Barnes, JJ., concurred.

The majority, in ruling that the plaintiff was contributorily negligent as a matter of law on the theory that he was chargeable with knowledge of an existing dangerous condition irre*493spective of whether he had knowledge thereof, in effect hold that electric power companies cannot be held liable for injuries sustained by one who comes in contact with uninsulated wires that can be seen regardless of where such wires are erected or how negligently they are maintained. To me, charging the plaintiff…