18 S.D. 122 | S.D. | 1904
This was an action brought by the plaintiff to recover from the defendant damages for injuries alleged to have been received by her while attending church in the city of Watertown by the falling of an electric arc light lamp suspended from the ceiling. Verdict and judgment were in favor of the plaintiff, and from the order denying a new trial the defendant has appealed.
A demurrer to the complaint was interposed, which was overruled by the court, and its ruling thereon is assigned as error, an'd will be first considered. The plaintiff, in her complaint, alleges, in substance, that the defendant is a corporation engaged in the business of furnishing electricity for electrical lights to be used in dwelling houses, churches, etc., in the city of Watertown; that prior to the injury alleged in the complaint the defendant entered into a contract with the trustees of the Methodist church to furnish the appliances and properly and safely suspend and hang a certain arc light in said church, and it was further agreed by the said defendant to keep the said light and the appliances incident thereto in a good and safe condition and repair, and to furnish the necessary carbons therefor; that under and by virtue of the said contract and agreement it became and was the duty of the said
It is contended by the appellant, among other things, that the complaint is insufficient for the reason that it is not alleged that the defendant was the owner of the church or the owner of the arc light which caused the injury. We are of the opinion that the contention of the appellant is untenable. It will be noticed that it is alleged in the complaint that the defendant agreed with the church authorities to hang and care for the said light, furnish it with carbons, keep it in order, and supply
On the trial it was shown that the defendant originally furnished the arc light, and superintended the hanging of the same, but that a year or more prior to the injury complained of the light and the machinery in connection therewith in the church became the property of the church. It was also shown that under the contract between the authorities and the defendant the defendant agreed to furnish the required electricity for said light, and also agreed to keep the said light and the machinery connected therewith in good order, furnish carbons, etc. It was further shown that prior to the injury complained of the light worked badly, and notice was given to the defendant to repair the same and put it in order; that in compliance with the said request the defendant sent an employe, who had had about two months’ experience, to make the necessary repairs; that he made some slight changes on the evening of the injury, but left the church before the light was really in good working order; that subsequently, during the services, the light again worked badly, and thereupon fell upon the plaintiff, who was sitting immediately under the same.
It is contended by the appellant thatjwheNthe'defendant transferred the arc light to the church it ceased to be liable
Neither the church authorities nor persons in attendance
The order denying a new trial is affirmed.