60 S.W. 884 (Tex.Civ.App. 1900), San Antonio Gas & Elec. Co. v. Speegle

Citation:60 S.W. 884
Opinion Judge:JAMES, C.J.
Party Name:SAN ANTONIO GAS & ELECTRIC CO. v. SPEEGLE.
Attorney:Houston Bros. and R. J. Boyle, for appellant. Keller & Williams, for appellee.
Case Date:December 19, 1900
Court:Court of Appeals of Texas, Court of Civil Appeals of Texas
 
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Page 884

60 S.W. 884 (Tex.Civ.App. 1900)

SAN ANTONIO GAS & ELECTRIC CO.

v.

SPEEGLE.

Court of Civil Appeals of Texas

December 19, 1900

Appeal from district court, Bexar county; R. B. Green, Judge.

Action by Elbert M. Speegle against the San Antonio Gas & Electric Company. Judgment for plaintiff, and defendant appeals. Reversed.

Houston Bros. and R. J. Boyle, for appellant.

Keller & Williams, for appellee.

JAMES, C.J.

Appellee sued to recover damages for personal injury alleged to have been caused by an electric wire of the Mutual Electric Light Company. He was a lineman in its employ. In the performance of his duties he, with others, was engaged in pulling out a ground wire which was upon defendant's poles; that is, a wire that carries the return current from the line wire to the telephone. They had strung another wire in its place, and were taking this one

Page 885

down (that is, untying it and fixing to pull it down), when it broke on another pole, a span from where he was, and fell down upon defendant's wire, which was charged 2,000 volts, and the current thus passed into the wire he was handling, inflicting the injuries of which he complains. The petition alleges negligence as follows: "(8) That said injuries were caused by the negligence and misconduct and neglect of duty of the Mutual Electric Light Company, in this: that said light company at said time had live wires fully charged with electricity strung along its poles on said Grayson street, and that said wires were not insulated as required by section 14 of the Revised Criminal Ordinances of the City of San Antonio, which said ordinance was in force prior to and at the time of the occurrence of the damages herein complained of. That said ordinance is as follows: 'Sec. 14. The following rules shall govern outside work, all systems and voltages: (12) Wires. (a) Service wires must have an approved rubber insulation covering. Line wires other than service, must have an approved weather or insulating covering. All tie wires must have an insulation equal to that of the conductors they confine.' That said wire belonging to defendant, and against which the dead wire handled by plaintiff fell, was and is a live wire, and it was not insulated, and did not have an 'approved' weather or rubber insulating covering. That, if said wire had any covering at all, it was so constructed as to permit the current of...

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