65 W. Va. 379 | W. Va. | 1909
This is an action by plaintiff, as administrator of Ezra I. Blosser, deceased, a boy of fourteen years, against defendant to recover damages for the death of deceased, the result of his coming in contact with a primary wire of defendant, heavily charged with electricity, suspended over Little Wheeling Creek, in Ohio county, and along and near to the National Pike, and the stone arched bridge over said creek, and over which bridge, on the evening of January 7, 1907, the deceased with his mother, the janitress of a school house near by, and her two little girls, one
The jury found a verdict for the plaintiff, and the court be-Ioav pronounced judgment thereon for $3,500.00, and defendant brings error. Is the defendant liable ? The defendant denies liability on two grounds: First, that the deadly wire was not in a place where it owed deceased any duty to keep it insulated and in good repair; and, second, because Blosser was guilty of contributory negligence in reaching out in the manner de-’scrihed and touching the wire. Appertaining to these questions
On the first proposition this Court in Thomas v. Wheeling Electrical Co., 54 W. Va. 395, in accordance with the decisions of many other states, has held it to be “the duty of electric companies to use very great care tó keep the insulation of its dangerous wires perfect at places where people have the right to go for work, for business or for pleasure;” and that “when injury to a person comes from contact with a live electric wire from bad insulation at a place where there ought to be good, safe insulation for safety to persons, it is a case of negligence on the part of the electrical corporation rendering it prima facie liable.” And on the second proposition the same case holds: “If one take hold of an electric wire at a place where it ought to be safely insulated for safety to persons, and is injured by reason of defective insulation, he not knowing its defect, he is not from so doing guilty of contributory negligence forbidding re-*
The question whether or not the person injured, under the circumstances like the case at bar has been guilty of contributory negligence is likewise a question for the jury. Geismann v. Elect. Co. supra; Thomas v. Elect. Co., supra.
In this case the record shows that judge and jury visited and viewed the place where young Blosser was killed. True the wires were not in exactly the same condition and situation as on the evening of the accident; but having seen and viewed the premises, and heard the testimony of the witnesses, they were better able to judge of the merits of the case than we can be from a mere consideration of the record of the trial and the arguments of counsel. The case seems to have been well and carefully tried, before a learned judge,, assisted by able counsel on both sides, and we cannot say that any error has been committed. There is nothing for us to do therefore but order an affirmance of the judgment.
Affirmed.