126 Iowa 524 | Iowa | 1905
Henry D;. Scott was in. the employ of the Iowa Telephone Company at Sioux City, Iowa. He had had some experience with handling and caring for telephone wires carrying electric currents of comparatively slight force, but does not appear to have been familiar with work in connection with more powerful currents. On May 23, 1903, one of the wires in the appellant’s system on Myrtle street in said city had become broken, and fell across a heavily charged electric light wire. The free end of the broken strand hung down near the ground, and created a manifest source of peril to persons using the street. On Scott’s passing near the place, some one called his attention to the broken wire, and he proceeded, as was his duty, to repair the break, or at least secure the free end of the wire. About this time it would seem that some one had reported the break to the defendant’s office, and the agent in charge sent one Ingledue, a young xn^in in the company’s employ, to remedy the trouble. As Ingledue came up, Scott had obtained a piece of dry rope, which is a nonconductor, and wound it about the broken wire, for the purpose, evidently, of pulling it away from its contact with the electric light wire, and thus render it harmless. Just the course of action then pursued by Scott and Ingledue.is a matter of considerable dispute between the witnesses. The evidence on part, of plaintiff tended to show that Scott had begun to pull upon the rope, when Ingledue stepped in, and attempted to cut the wire with a pair of
We shall not go into a review of the controversy between witnesses as to what occurred between Scott and Ingledue, to which we have already made reference. It is enough to say that, if the jury believed the plaintiff’s witnesses, as it had the right to do, it was justified in finding that the catastrophe, occurred substantially as charged in the petition. It was also shown that the nippers made use of by Ingledue were but slightly insulated, and that no prudent person of experience would use them upon a wire carrying a dangerous current. • It was conceded upon the trial that upon the report of the broken wire reaching the defendant’s office the linemen usually sent out upon such service were not at hand, and the wire chief directed Ingledue to go. If, then, Ingledue was incompetent, and defendant was chargeable with notice of the fact, and the latter, by his .lack of ordinary experience, brought the deadly wire in contact with Scott’s person without fault on his part (and of all this there was evidence), the. plaintiff was entitled to recover. Such is the verdict of th.Q jury, and we cannot disturb it.
The judgment of the district court is affirmed.