Brunelle v. Lowell Elec. Light Co.
| Decision Date | 23 June 1905 |
| Citation | 74 N.E. 676,188 Mass. 493 |
| Parties | BRUNELLE v. LOWELL ELECTRIC LIGHT CO. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
John J. and Wm. A Hogan, for plaintiff.
William H. Bent, for defendant.
In 1893 the plaintiff began the use of electricity for lighting his store upon the ground floor, and such use was continued until January 13, 1903, when it was stopped until May 13, 1903 when it was renewed under the contract of that date. In May 1902, the plaintiff made an extension of his wiring into the cellar of his store. A wire was attached to the inside wiring belonging to the plaintiff, near a door leading into the cellar, and was extended, in the form of a flexible cord about 15 feet long, into the cellar. At the end of the cord was a lamp consisting of a socket and bulb. When not in use the cord was kept suspended over a hook. There was no fuse in any part of this extension, nor between it and the other wiring inside the plaintiff's store. There was a switch near the top of the cellar stairs, which could be turned so as to light the lamp, and in using the lamp it was customary to turn on the light by means of this switch, take the flexible cord down from the hook, and carry the lamp wherever needed in the cellar within the limit of the length of the cord. In making this extension the plaintiff did not ask leave of or notify the defendant. The inside wiring of the store, excepting fuses, was installed by the plaintiff, and all the wires, lamps, and other paraphernalia inside the store excepting the fuses, fuse box, and meter were his. It was in dispute whether the defendant knew of the cellar lamp. Under these circumstances the contract of May 13, 1903, was made. By its terms the defendant was to connect its electric system to the plaintiff's store, and furnish electric current for eight incandescent lamps, each of 16 candle power, and was authorized by the plaintiff to set up in convenient and suitable places on the premises the necessary transformers, meters, and appliances; and it was further agreed that 'no change or alteration' should 'be made in the number of horse power of the motors, the number of candle power of the lamps, or the wiring of the * * * premises, without first obtaining the written consent of the' defendant. All lamps, meters, wires, and other appliances furnished by the company were to remain its property. It was further agreed 'that all wires upon the premises of the customer to which the company's service will be connected shall be so installed that the company may carry out this contract, and shall be kept in proper condition by the customer.' Then follows the provision that 'the customer will give or obtain all necessary permission to enable the agents of the company to carry out this contract and to enter upon the premises at all reasonable times, so long as any of the company's property remains therein, for the purpose of keeping in repair or removing its property or inspecting its own or the customer's wires or apparatus.' We are of opinion that under this contract ...
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