Stearns Coal & Lumber Co. v. Williams

• Decision Date: 12 May 1915
• Citation: 164 Ky. 618,176 S.W. 15
• Parties: STEARNS COAL & LUMBER CO. v. WILLIAMS.
• Court: Kentucky Court of Appeals

176 S.W. 15

164 Ky. 618

STEARNS COAL & LUMBER CO. v. WILLIAMS.

Court of Appeals of Kentucky.

May 12, 1915

Appeal from Circuit Court, McCreary County.

Action by F. W. Williams against the Stearns Coal & Lumber Company. From a judgment for plaintiff, defendant appeals. Reversed and remanded.

J. N Sharp, of Knoxville, Tenn., for appellant.

Denton & Flippin, of Somerset, and Henry C. Gillis, of Williamsburg for appellee.

CLAY C.

In this action for damages for personal injuries against defendant Stearns Coal & Lumber Company, plaintiff, F. W. Williams recovered a verdict and judgment for $1,200. Defendant appeals.

At the time of the accident, which occurred October 19, 1911 plaintiff was an electrician in defendant's employ. Defendant's foreman ordered him to take down a wire from the tops of certain poles carrying two electric light wires on brackets. Before proceeding with the work he was assured by the foreman that the current had been cut off from the electric light wires. It appears, however, that there was some defect in the arrangement of the wires, and a heavy current of electricity used on a power line was permitted to flow through the electric light wires. While on the pole plaintiff's back came in contact with a bolt which held a brace to the pole, and one hand came in contact with one of the electric light wires. Connection was formed from the light wire through William's body by means of the bolt and brace and thence into the ground through a guy wire which had been permitted to come in contact with the brace. When Williams touched the light wire he received a shock. He says that his left arm and a place on his back about the size of a dollar and a place on his side about six inches long were blistered. It did not break the skin of his hand, but one crack came on his forefinger. In the struggle, his right hand came in contact with the other light wire, which was also bare, and his feet were jerked from the pole. With one hand gripping one of the wires and the other hand on the other wire he hung suspended in the air several minutes. He says that during this time he suffered intense pain. After a while the current was turned off, and he released his grip and descended the pole. Plaintiff says that he was able to do only light work after that time, and that a promised increase of wages was not kept because of his inability to do work. At the time of the trial, which occurred a year and eight months after the injury, plaintiff claims that he was unable to do any work. He claims that before the accident he weighed about 200 pounds. After the accident he immediately began to lose flesh and his weight was reduced about 30 pounds. He says that the wire was charged with about 575 volts of electricity. The physician says that he examined him and found him suffering from traumatic neurasthenia. He also claims that as a result of the electric shock he has varicocele. On the contrary, it is shown that after the injury plaintiff stated to several persons that he was not badly hurt. His roommate says that he never complained of suffering from the injury until after he made up his mind to bring suit. The physician who examined him says that he saw no burns of any kind on his body. Defendant's timekeeper shows that plaintiff worked 17 days and 6...