185 Wis. 210 | Wis. | 1924
On the evening of September 9, 1921, plaintiff’s right hand was severely injured by coming in contact with a live electric wire hanging down from an electric pole that was located close to the curb and sidewalk of one of the public streets of Milwaukee. Extending from the ground adjacent to the pole was an iron riser pipe about eight feet high which contained live electric wires running from an underground conduit to wires on the pole. It seems that a considerable time before the boy was injured the wire had been cut and left hanging in such a manner that it extended almost to the sidewalk. Plaintiff’s version of the accident is substantially this: That on that evening he, with other children numbering five or six, were plajdng pull-away; that the curb was one of the goals; that in running across the street he ran fast, jumped up on the curb, tried to stop himself, threw out his hands, one of which came in contact with the wire and the other with the iron riser pipe, and that in so doing his right hand was severely injured. The testimony of his playmates, numbering five and ranging in ages from thirteen to seventeen at the time of the injury, was substantially to this effect: that one of the girls in running along came in contact with the wire by her arm brushing against it and she received a shock, where
Plaintiff gave notice "that he would apply for a modification of the judgment so as to allow treble damages provided for in sub. (6), sec. 180.22, Stats. As now contained in the statutes, sub. (6) reads as follows:
“Nothing contained in this section shall authorize or empower such telegraph, telephone, electric light, heat or power transmission company or corporation, to in any manner de-strojq trim or otherwise injure any shade or ornamental trees along any such lines or systems, or cause any damage to buildings, fences, crops, live stock or other property, except by the consent of the owner, and any person or corporation violating any of the provisions of this section shall be liable to the person aggrieved in three times the actual damage sustained besides costs.”
Sec. 180.22 contains seven subdivisions, and it is claimed by the use of the words “violating any of the provisions of this section” is meant any violation of any provision of the whole section and not merely a violation of sub. (6). It must be admitted that this suggested construction, taking
“Nothing contained in this act shall authorize or empower such telegraph, telephone or power transmission companies or corporations to in any manner destroy, trim or otherwise injure any shade or. ornamental tree along any such line except by consent of the owner or to cause unnecessary damages to buildings, fences, crops or live stock subject to a penalty of not less than five dollars and costs nor more than one hundred dollars and costs for every such offense.”
I-Ieavy pen lines were drawn through the words “nor more than one hundred dollars and costs.” An amendment to this part of the bill was offered which read as follows:
“Amend by striking out all after the word ‘lines’ and inserting in lieu thereof the following: ‘or cause any damages to buildings, fences, crops, live stock or other property except with the consent of the owner, and any person or corporation violating any of the provisions of this section shall be liable to the person aggrieved in three times the actual damage sustained besides costs.” .
I,t is apparent from this amendment and the manner in which it was offered that the idea and intent was to. substitute for the penalty of not less than five dollars and costs the provision “shall be liable to the person aggrieved in three
By the Court. — Judgment affirmed.