The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-06-20


The legal significance of the damage
nit OF DR.. D. B. Hand against the
jcntral Telephone and Supply COM
amy, the trial Of which has just been
ompleted in the Lackawanna county
ourt will be readily apparent after
eading OF the carefully prepared
sview printed elsewhere in this
ssue. The suit ID practically
he pioneer in vast field
( litigation sure TO be opened up by
be multiplication Of commercial uses
or electricity, The real question at
lsuo, divested of technical language, is
whether an electrical company which
las acquired certain franchise rights
rom toe public is to be held pscuuiar-
iy responsible for the damages that its
legligence in the regulation Of it's sur
harged wires may accomplish.
In the argument of so import ant q
use it naturally followed that large
differences arose rs 10 questions OF fact.
1T this writing, the verdict OF the jury
ipou these disputed points has not
Jeen made puOlic. Until the disputed
acts shall have been passed upon by
he duly accredited judges thereof, we
aust restrict ourselves to consilera-
ion Of some Of the general principles in.
'olved; principles which have very
dearly been brought out by the
'loquont counsel ana very lucidly sum.
narzed in the judges charge. The
light acquired from the public of using
he public thoroughfares for the pur-
loses Of private gain would seem to in
'olVs the duty Of protecting ths public
L its proper privileges by guarding
With due diligence against the posi-
dlity Of accident. Ia this case deci-
ion has been reserved upon the poiat
whether the existencs OF an impelfec tly
nsulated trolley guide wire was suf-
iciently known to the telepone
ompany to enable it to usa due dill
5ence in guarding against q crossing
# wires; but the fact that live wires
nay and do cross and men receive in.
ury thereby, is to our mind p prima
acia proof Of negligence on the part of
omebody, which should be solved by
he burying of every unnecessary over.
lead wire and the better insulation OF
il necessary remaining ones, under
)snalty of heavy damages.
This Case simply illustrates what
HE TRIBUNE has all along contsndsd ;
!ameiy, that overhead wires are bar
)arity in this scientific age, no matter
low carefully insulated or protected.
The granting OF the right to string
hem IS little less than deliberate in.
itation to accident The place for
eiephcne and telegraph wires is
underground; and trolley wires should
% buried, also, as soon as it has
jeen practically demonstrated that this
an be done with reasonable success.
Unless the public awakens to it's dan
@er from multiplying overhead wires.
litigation Of which this Hand case il
imply the precursor will soon occupy
Iur courts to the exclusion of other
ases, and perhaps require the estab-
ishment Of separate and expert tri-
Iunals to be known as live wire courts
{ pole tax ordinance in the
'ity Of Scranton will pave the
7ay to an eventual burial of
hese dangerous interlacing filaments,
ye are ready to waive our obj ections
0 the pole tax idea and 20 in for its
idoption. The public needs and must
ave protection; and the corporations
which enjoy public franchises must
Dropare themselves to maintain a high
tandard Of safety, which, as we view
ne matter, can only be done by speedy
jurial and thorough insulation of the
low deadly overhanging wires