75 Wash. 139 | Wash. | 1913
This is an appeal from a judgment in favor of the respondent, entered in an action for personal injuries brought by him against the appellant. The assignments of error suggest but a single question, namely, the sufficiency of the evidence to justify the verdict of the jury.
At the time of the accident which resulted in the injury, the appellant was engaged in the business of supplying the
The device, however, while it would open the switch mechanically, would not so close it; and that opei’ation required the personal attention of some individual. Late in the afternoon of January 23, 1910, the respondent went down into the basement to start the motor. The switch, which he was
It was the respondent’s theory that the appellant had negligently suffered the transformer to become out of repair, so that an undue voltage of electricity was allowed to escape from the primary to the secondary wire. In support of his claim, he introduced evidence to the effect that his arm and hand were burned nearly through at the points of contact, and that the insulation on the wires was burned off for several inches above and below such point; whereas a current of 110 or 220 volts would have been practically harmless under the same circumstances; that, in the morning preceding the evening of the injury, a person in a saloon was shocked and burned in an attempt to turn on an ordinary incandescent light receiving electricity from the same circuit; that wires in the same saloon connecting with other lamps blazed and burned at a point of contact, although duly insulated; that a person at the railway depot was knocked down by a shock from a similar lamp; and that the lamp and paraphernalia of a moving picture show became highly charged with electricity during the same morning. The plant was shut down from about 8 o’clock in the morning until 3:30 or 4 o’clock in the afternoon of the same day, and between these hours the appellant wás notified of the dangerous conditions existing on its wires. It was testified, also, that the transformer was repaired by one of the appellant’s employees shortly after the respondent received his injury.
It is insisted that the respondent was guilty of contributory negligence; that his injury was the result of his effort to adjust the device which he had installed for automatically opening the switch. But we find nothing in the record which indicates that this contrivance in any way increased' the dangers from the electric current. It may be that, if the device had not been installed, the respondent would not have come into contact with the wires at this particular time. But coming in contact with the wires was not the proximate cause' of the injury. This, under all ordinary conditions, such as the respondent had a right to expect would be maintained, was not fraught with any danger. The proximate cause of the injury was the overcharging of the wires with electricity, and for this the appellant and not the respondent was responsible. There is no error in the record, and the judgment will stand affirmed.
Crow, C. J., Moauis, Main, and Ellis, JJ., concur.