The Providence news. (Providence [R.I.]) 1891-1906, 1899-01-06
He Was a Linsman and Was Preclpltated
From Pole by Strong Current.
WHAT COURT SAYS IN ITS OPINION.
Verdict Mol SusisinabIs on Issus That Due Care
Was Taken hI Deceased Must Have Known
Dangerous Character Of Work.

The Appellate Court has set aside the
mon pleas division OF the Supreme
Court i'm the case of Nellie r.. Judge,
administratrix on the estate Of her hus-
band, John J. Judge. VS.. Narragansett
Electric Lighting company. \ jury
after hearing testimony gave Mrs.
Judge a verdict for $i2,50o Judge was
lineman and was on North Main
street searching for q private wire that
was giving trouble. He went up "A pole
and the wire he was trying 10 free
came i'm contact with "A wire OF the de-
fendant company that was in danger
Gus condition. \ shock resulted so
severe that he fell from the pole un-
conscious and died soon after
The defendant pettioned the Appel
late court for a new trial. and the petit
,ion was heard by chief Justice Mat
teson and Justices Tillinghast and
Rogers. The language OF part of the
opinion. which was written by Chief
Justice Matteson. is as follows:
Though the evidence is ample 90 sus-
tain the verdict so far as the issue of
the defendants negligence Is con-
cerned. we do think the verdict is sus-
tainable on the issue of due care on
the part Of the deceased. Indeed, we
do not see that there is any evidence
that he was in the exercise of due care.
The testimony shows that "a few min
utes before the accident he was seen
engaged i'm shaking out a cross in the
wires and this is all. SO far as APP
pears that is known concerning his
acts while ne was on the pole shortly
afterwards he was found on the ground
1T the bottom or the p0fe unconscious
andsbeeding.
He was an experienced lineman and
was employed as a trouble hunter. or
one whose duty ii was 10 trace out and
remedy difficulties which might arise
from the contact OF the telegraph wires
OF the Western Union Telegraph COM
pany with other wires. including the
heavily charged wires OF other COM
panies, oil from ether causes. on the
morning of the accident which caused
his death he was excused from the
service OF the Western Union Telegraph
company that he might search for and
remove a cross between private wire
on the poles OF the company and the
defendants wires. and II was while
thus engaged the accident occurred.
As an experienced lineman and trouble
hunter he must have been aware of
the dangerous nature or the work
which he was called upon to perform.
and must have known that If he per-
miited himself TO come i'm contact with
grounded wire while handling. or
in contact with a heavily charged wire.
like those of the defendant. or created
short circuit whereby the current
from these wires was passed through
his body. serious injury. If not death,
was reasonably certain. In these cir
cumstances he was bound TO the ex-
ercise of very high II not the highest
af Ia ntb bp tn
"A degree Of care commensurate with
the dangers to which he was exposed.
The deep burn upon the hand. and
the evidence furnished by the autopsy
that he bad received q severe electric
shock. With the certainty that there
could have resulted only from his be-
coming grounded while i'm contact with
n heavily charged wire. or from his
creating a short circuit for the current
through his body. raise an inference
that he was Tot exercising the high
degree of care required in such dam
gcrous employment. I'm the absence of
evidence to rebut such an inference
and the burden OF proof of due care
being on the plaintiff. We do not think
that the jury We're Warranted in find
ing that the deceased was not guilty of
coItributory negligence"
The court holds that the case OF Cas-
sidy vs. Angel is in no way applicable
TO the case before IL. and Judge Rogers
In an opinion goes at length into the
reasons why that case should not be
considered an authority. or at least the
doctrine therein. AS IL was Interpreted
by the counsel for the plaintiff. The
court grants the electric lighting COM
pany new trial. Walter Il. Vincent is
the companys attorney.