Daily Kennebec journal., 1906-04-09

Hoods
The standard blood-purifying medicine.
In usual liquid or new tablet form.
SarsapariIIa
Reseript in Telephone Case.

WellsV. N. E. Telephone Co. Rescrjpt
by Whitehouse, j.
Ine plaintiff recovered a verdict of
*eo4 Tor the destruction of her barn and
Its contents by fire alleged to have
peeh caused by the negligence of the
oeIehoant company in the construction
ana maintenance of it's telephone line
past the plaintiffs premises on the
west side of the highway in the town of
Avon.
The defendants line wires appear to
have been suspended upon poles in the
ordinary manner, one of the poles be-
ing erected within about five feet Of the
northeast corner of the plaintiffs barn.
There was curve in the road a t
this point and to counteract the ten
dency Of the line wire to draw this pole
from its vertical position, a guy wire,
consisting of a piece of ordinary tele-
phone wire. was stretched from the pole
to the corner of the barn. One end of
this guy Wire appears to have been
wound around the pole at a point about
two feet below the telephone wires, and
the other end attached to the barn by
means of lag screw driven into the
corner post short distance below the
caves. There was no lightning arrester,
or other appliance connected with this
guy wire or with the telephone wires in
that vicinity, to divert powerful cur
rents to the earth at the time of thun-
der storms. Immediately before the
fire on the morning Of August %, 1903
a thunder shower came up in the
vicinity of the plaintiffs buildings
The rain fall was light, but it was fol-
lowed by discharge of lightning of
extraordinary violence, though but 4
single flash Of light was observed.
The board on the corner post at the
northeast corner of the barn was newly
split from point a little above the lag
screw, to which the guy wire was at
tacheu, downward nearly to the sill
When first seen the fire was in this
corner Of the barn directly beneath the
point where the guy wire was con-
| nected with it, and there was no indi-
cation that the barn was struck by
lightning at any other point.
In view Of the admitted limitations of
human knowledge respecting the laws
of electricity and the immeasurable
potential of lightning discharge, tho
opinion OF electricians in regard to it's
possibilities in a given case cannot be
adopted with the same confidence a,
expert opinions based upon knowledge
Of the more exact sciences; and in
view of the manifest effects of the
lightning upon the telephone poles and
the corner board of the barn in this
| case. il is the opinion of the court that
the evidence warranted the jury in
following the conclusions Of these cx-
rcrts who believed that the destructive
spark was conveyed to the corner of
the barn by the telephone wires. in
preference to those who testify that the
barn. was struck by branch of light
ming bolt discharged directly from the
clouds.
Some of the testimony would seem to
rest upon niisapprehcnsiOn of the
exact nature and purpose of a lightning
arrestCr. 1t is fairly to be inferred
from all the evidence that it is a device
which might more appropriately be
termed a lightning diyerter. since the
office Of it is not TO arrest the lightning,
but to divert it from the wiring by
offering a comparatively easy course to
the earth. In this alternative path
short air space is left between two
plates introduced directly between the
line and the earth. This air space is an
effectual insulatOr for the normal cur
rent over the telephone WIRE but the
violent surges of a lightning current are
said to leap over the air gap and pass
to ground.
If the plaintiffs theory is correct
that it was not safe or suitable con-
struction to connect the guy wire with
the barn without lightning arrester or
circuit breaker, the evidence war
ranted a finding by the jury that the
defendant company did not exercise
reasonable and ordinary care in estab-
If the defendants theory is correct
that it is utterly impracticable to di-
vert lightning currents from such n
wire to the earth by means of any insu-
lators or circuit -beakers hitherto de-
vicej, it cannot be said to be manifest
error on the part of the jury to find
that such a wire should not have been
attached to the barn at all. and that in
making such a connection, the defend
ant. if possessed of scientific knowledge
to sustain it's theory, did not act with
proper regard for the rights of the
plaintiff and the safety of her property
The conclusion accordingly is that the
entry must be
Motion and exceptions overuled.