74 P. 48 | Ariz. | 1903
This is an appeal by the defendant company from a judgment rendered against it in an action for damages for alleged negligence, which, it was claimed, resulted in the destruction of the plaintiff’s property. The complaint upon which the action was founded, after stating.the residence of the parties and the corporate character of the defendant, alleged, “that, at all the times hereinafter mentioned, defendant was engaged in the business of supplying electricity, by virtue of a public franchise, to its certain consumers and patrons in and near the city of Phoenix, and of wiring and equipping the houses and buildings of its said patrons and consumers for the purposes of lighting such houses with electricity; that on or about the first day of April, 1899, the defendant, in changing the wires in the house of plaintiff, on North Second Avenue, near the city of Phoenix, negligently,
The evidence adduced on the trial showed the following facts: That the house of plaintiff at Phoenix, Arizona, was occupied by himself and family as a residence. It was an ordinary story-and-a-half brick house, which he had built during the latter part of the year 1896. At the time the house was built, it had been wired for the purpose of electric lighting by persons not connected with the defendant. That the first attachment with the defendant’s plant was made at the front of the house, the wires entering through an upper window. The wiring remained in that condition for about two years. In the spring of 1899 the defendant changed its pole line to the alley back of the house, and then the wires connecting the defendant’s plant with the plaintiff’s house were changed to the back part of the house. The defendant placed its wires through the casement of a garret window at the rear end of the house in making the new connection. This change was without the knowledge of the plaintiff until some time after it had been made, but it appears never met with any protest from him. On- the eighteenth day of July,
Numerous errors are assigned by the appellant, but those which we consider to be fully determinative of this appeal are predicated upon the instructions which were given to the jury. The gravamen of the complaint in this case was the defendant’s failure to properly insulate the wire which it “placed through the window easement of plaintiff’s house.” The peculiar facts of the ease afforded an unusual opportunity for theorizing upon the cause of this fire. It was a theory of the plaintiff that the rain blown in at the auger-holes of the window casement had wetted the woodwork and wires, creating what is technically termed a “short circuit,” and setting fire to the woodwork. The evidence cannot be said to sustain this theo:ry, however, except upon the assumption that the voltage was greater than that of the ordinary current which passed over these wires from the defendant’s plant for his lighting purposes. But the plaintiff contends that it was equally the duty of the defendant to so insulate these wires as to protect against an electrical current which might have been induced from the clouds or atmosphere. Upon this latter proposition, sharp issue was made at the trial; the position of the defendant being that it was only required to install and maintain its wires for safely carrying the current from its plant for the lighting of the plaintiff’s house, and that the plaintiff must prove that his loss was occasioned by the electric current which passed from defendant’s plant, through said wires, into his house. The instructions of the court upon
For the errors pointed out, the judgment will be reversed, and the case remanded to the district court for a new trial.
Sloan, J., and Doan, J., concur.