[Download] "Crespin v. Albuquerque Gas & Electric Co." by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Crespin v. Albuquerque Gas & Electric Co.
- Author : Supreme Court of New York
- Release Date : January 05, 1935
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
According to the theory of appellants lineman, the break in the wire was caused by a "tall slender tree" being blown by the wind against the wires from time to time, which wore off the insulation until it was insufficient to imprison the current within the wires, and during the storm on the afternoon of the accident the wind pressed the tree against the wires, causing the wires to come in contact with each other, which resulted in a short circuit. The wires burned in two and fell to the ground. The line had been down at least once before at or near this point during its two or three years existence. The park was a playground open to the public. The appellee testified that on the day of the accident one Lavato, a fellow employee of the city, told him that their boss had ordered them to put up the wires; that the current had been turned off; that he took hold of one wire and was wrapping it around a tree above his head when he received the shock and other injuries from the electric current. There was also testimony as to the character of short circuit breaker in use on this line at the time of the accident, one of the points in dispute, and also as to the location of "the tall slender tree," with reference to its proximity to appellants power line, it being contended by appellee that there was negligence in constructing the line so close to the tree; also that appellant was guilty of negligence in failing to remedy the condition after the first break in the line at that point. That proper inspection would have disclosed the menace of the tall slender tree to the maintenance of the wires intact.