The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-30
NOVEL POINTS OF THE LAW.

A suit for the death Of a fireman
while dischargipg his duty was heard
~ the Supreme Court OF New Jersey
n Barnett vs.. Atlantic City Electric
20. 1t appeared hat the dead man
vent with other members Of the city
Ire department to the tower of the city
Hall to ~extinguish a fire there. The
In the room had become
by escaping electricity sufh-
to produce a small shock on
The decedent while trying TO
ind the origin Of the fire touched a
pipe which unknown TO him had
become charged with a deadly current
Of electricity escaping from wires rum
ming from the defendants street light
Ing system to lamps In the tower. The
fireman was killed and on the trial of
the damage suit II was shown that the
defendant had long known OF the dan
gerous condition OF Its wires. n Tor
reason the court held that II was
under a duty 70 the decedent to exer-
else reasonable care and that the alleged
OF the defendant was a ques-
ton for the jury. Concerning the de-
PENDANTS contention that the fireman
was negligent. the court said:
''The decedent. with other hremen,
entered the tower IN the performance OF
his duty. They Immediately applied
their hand extinguishers n checked the
fire. II was discovered that the fixtures
In the room were charged by escaping
electricity sufficiently to produce a small
shock upon contact. No doubt dece-
dent had knowledge OF that fact. but
there is no evidence which shows con-
clusively that ne knew or had reason 10
know that his life was in Jeopardy
The fire was not wholly e~xtinguished.
His chief ordered him to remain pend
ing an effort to locate the wires which
had occasioned the fire. Then the city
electrician came into the tower, and
while they together were endeavoring TO
locate the trouble the decedent raised
his lantern, In 40 doing he uninten-
~tionally touched the metal pipe. which.
unknown to him. was charged with a
deadly current OF electricity. causing a
ground TO the circuit. and he fell dead.
or course his situation called for the
exercise OF reasonable care and pru-
dence on his part. Whether or not his
conduct measured UP to that standard
was a question for the jury and not for
the court"
II Is not negligence for a conductor,
after assisting a passenger from one
car to another TO enable her to get a seat
w .hn No, he,ny weak or slcl,
% -, ,ho ,raI, no, he,np OK.
"a ,,a curve In ,he
coy. Ut. ~. no. r,,,,,rg No,
roau reacneo VIZ ~ "a ysa.rIs,.or
peNns s""rp. p.,.,., 70 Ma o.
o., ~ HN ~
All ooo'
a,
o...x, nv At 10 OF IN Ia NJ editors. Gn y.
awyers OF = 81
tne os",'". ,.os, ,arar N,
proved ps .ne 49,. :, ,he ,oi
many o u q, n,o -
OWN neauin.e - ..,Tnn vynmen &c
the 81 LOUIS papeIe, ~" w. ,st
free FROM Sn y. 49,, d.
starthns "nnounee"neua q it,
t!hed oy the v yer. ptUsa. - h',
p'oceeuinss W WIZ" n.
a'.tac'eu. se, SUI 49,. ,,o,, 49, "
rsries serious'y "te.vu ~ ,a.." T.
ms ueeis'0" oeen !uu ~. :.
81 LOUIS Su.re ~ I,
seeHs 10 US i"e 80 ~
dragsing wVnnan 49, .aa. ,rags. ,
accomplished sorhe'ilns ."a, -
othef JurIsoiet'ons Moutu 49,
at'emptlhs. .ee,,ns pe.".ps uha, ~.
hau no risn. 70 90 . an1. ""' N
couIu nor w ~,
Aho'her con.eI,pU'a oo,t'.s ~
one woman NV" -
w. .oD,a uonen Who marry In oths
cities do not share the same fate. \
any rate, Sim IN He'll have discovere
that the hand Of the law is against the
In 81. Louis and they both Will be mo-
,afctu. ~ " "
IN tha' CITY
h Central Lar Journal says IN
~Theophilus h~arriht,oh' .e.n