84 N.W. 631 (Minn. 1900), 12,420, Schultz v. Faribault Consolidated Gas & Electric Company

Docket Nº:12,420 - (174)
Citation:84 N.W. 631, 82 Minn. 100
Opinion Judge:LEWIS, J.
Party Name:JOHN SCHULTZ v. FARIBAULT CONSOLIDATED GAS & ELECTRIC COMPANY
Attorney:Anson L. Keyes and Lafayette French, for appellant. Batchelder & Batchelder, for respondent.
Case Date:December 21, 1900
Court:Supreme Court of Minnesota
 
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Page 631

84 N.W. 631 (Minn. 1900)

82 Minn. 100

JOHN SCHULTZ

v.

FARIBAULT CONSOLIDATED GAS & ELECTRIC COMPANY

Nos. 12,420 - (174)

Supreme Court of Minnesota

December 21, 1900

Action in the district court for Rice county to recover $15,200 damages for personal injuries. The case was tried before Buckham, J., and a jury, which rendered a verdict in favor of plaintiff for $7,200. From an order denying a motion for judgment in favor of defendant notwithstanding the verdict or for a new trial, defendant appealed. Affirmed.

SYLLABUS

Personal Injury -- Escape of Electricity.

In an action to recover damages for personal injuries received from electricity caused by a defective system of insulation, held, that the evidence sustains the verdict.

Newly-Discovered Evidence.

Proofs of newly-discovered evidence examined, and held not sufficiently definite and certain to warrant the granting of a new trial.

Verdict not Excessive.

Held, that the verdict was not excessive.

Anson L. Keyes and Lafayette French, for appellant.

Batchelder & Batchelder, for respondent.

OPINION

Page 632

LEWIS, J. 2

Action to recover for personal injuries alleged to have been received from electric shocks produced by the negligent construction [82 Minn. 101] of defendant's electric light plant. Verdict for plaintiff, and defendant appeals from an order denying its motion for a new trial.

Defendant had erected a pole at the edge of the sidewalk and in front of the south line of the opera house on the east side of Main street in the city of Faribault. On the top of this pole was placed an electrical transformer, which received a current of one thousand forty volts, and transmitted the same into currents of less power, as required for lighting purposes. There were two clusters of wires, consisting of five each, passing down from the transformer, each cluster entering a gas pipe of about one inch in diameter, which pipes were about ten feet in length, and were attached to the side of the pole, and entered the ground at its base. These pipes were for the protection of the wires. From the base of the pole the pipes containing the wire were continued under the sidewalk into the basement of the opera house, and by this means the house was lighted. There were also two wires running from the transformer to the porch, through which the porch was lighted.

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