Collins v. Virginia Power & Electric Co.

• Decision Date: 08 March 1933
• Docket Number: 105.
• Citation: 168 S.E. 500,204 N.C. 320
• Parties: COLLINS v. VIRGINIA POWER & ELECTRIC CO.
• Court: North Carolina Supreme Court

168 S.E. 500

204 N.C. 320

COLLINS v. VIRGINIA POWER & ELECTRIC CO.

No. 105.

Supreme Court of North Carolina

March 8, 1933

Appeal from Superior Court, Halifax County; Clayton Moore, Special Judge.

Action by B. P. Collins against the Virginia Power & Electric Company.From a judgment for plaintiff, defendant appeals.

No error.

In action for damages from fire caused by electricity instructions taken as whole held to instruct that, if evidence showed fire started at bracket on building, then principle of res ipsa loquitur would apply.

This is an action for actionable negligence brought by plaintiff against defendant alleging damage.The evidence of plaintiff was to the effect that on May 2, 1932, he owned a warehouse frame wooden building, the market value of which was $1,100 with a stock of merchandise in it, of the market value of $400.The defendant is a public service corporation furnishing electric power and lights.Its name indicates what it is, "Power & Electric Company."It had a primary service current line on poles which carried 6,600 voltage running along state highway No. 40.A secondary three-wire service line transmitted or conducted the current from one of its primary poles, which had a transformer, to a pole within some 30 or 40 feet of plaintiff's warehouse frame wooden building.A metal bracket was attached to the southwest corner of the warehouse, about 15 feet from the ground; the bracket was not over 2 feet from the eaves of the southwest corner of the west side.The wires, bracket, equipment appliances, installation, insulation of wires, material maintenance, inspection, etc., were all done and furnished by defendant on plaintiff's premises.

O. S. Dickinson, a witness for plaintiff, who had been working for plaintiff about 20 years, testified, in part: That on May 2, 1932, he was sleeping in a room in the brick building of plaintiff, next to the warehouse, he was awakened--the window he looked out was about 20 feet from the bracket: "When I woke up I jumped up and ran to the window so I could look out and see the fire.When I looked out the window I saw the corner of the warehouse on fire where the wires came to the warehouse.That was the southwest corner of the warehouse.The metal bracket which has been described was not over two feet from the eaves of the southwest corner, on the west side, right on the corner, as close as it could get to it, next to the store building.When I looked out of the window and saw the fire there was not a very large area burning at that time.I don't think there was over three feet.It was not over three feet from the corner.I could see the eaves just were catching a little, weather-boarding catching up this way and whether it was catching on the south side I don't know because I could not see on that side.No fire whatever on the top of the building.The fire was right along the metal bracket.When I looked out and saw the fire burning around the metal bracket."Dickinson dressed and went to the warehouse."I took my keys and opened the warehouse and got up in the warehouse and not a spark of fire in there, just smoke at the corner where the fire was coming through the crack.No fire in the inside of the warehouse the fire was right on that corner where the bracket was.*** After I came from the inside of the warehouse I went to the place where the fire was burning.Went down to the corner of the warehouse.I saw the fire burning around the bracket and of course it was getting larger and larger.*** As the fire burned the wires soon fell down in the water.I could see it popping and blue fires.

"Q.When the wires fell into the water, what happened to the wires?A.They were popping and shooting.

"Q.What happened to the wires as they felt into the water or after they fell into the water?A.They were popping and you could see blue blazes flying from them.*** I would say the wires sputtered in the water five minutes before they stopped.I didn't notice particular.I don't know that they sputtered five minutes.I don't think it was over that.Might have been five minutes or a little longer.I don't know how the current was finally cut off of the wires.*** About twenty feet from that window.That was the closest window.That is the window I looked out of, the south window.When I jumped up out of bed I rushed straight to that window.They were standing under that window calling me, on the side of the building.It is not over twenty-five feet from the rear window to that metal bracket.I should not think it is over twenty-five feet from the window on the rear to the metal bracket on the end of that warehouse.*** I went upstairs at nine o'clock that night and went right to bed.This fire occurred somewhere between ten-thirty and eleven o'clock.I don't know exactly."

William W. Johnson, a witness for plaintiff, testified, in part: "I was in Weldon on the night of May 2nd, 1932, and saw the fire at Collins' warehouse.*** When I got there the fire was on the corner of the warehouse about fifteen feet from the ground, burning in a circle that you could put your arm around.The wires went directly into the circle of this fire, the wires coming from a pole went in and you could see the wires coming out to go to the brick store building, came out from it.The wires came from a pole, I guess to be around thirty or forty feet from the corner of that warehouse.They were light wires, black wires.*** The fire was on the corner this was approximately a foot, the flame just touching the tip, place it projects over, I wouldn't say a foot but the flame running up to the edge of the roof.The flames were in about a foot of the roof and the center of the fire was a foot or eighteen inches down, after I saw the fire up there where the wires went into the center of it.*** He unlocked the warehouse door and I went in the warehouse with him.*** I had observed the fire on the outside.I saw the wires fall.When they burned loose at the top they fell out, kinder pulled away from the building and fell out towards, formed more or less, a straight line from the pole to the store.They fell to the West, away from the side of the building.They fell on the ground.After they fell on the ground they sputtered for probably a minute to two minutes.The garden hose had been turned out there and the ground was wet and when they hit the ground they arced up and burned in two, insulation burned right off of them.*** I said when I got to the building there was burning up in the neighborhood of the bracket and there was a circular area of fire that you could reach your arm around like this, I could not say how much below the bracket was burning because I didn't see the bracket.I could see the wires coming in.It was not over eight inches below the lowest wire that was burning but I didn't see any bracket at all.I would say it was burning a foot to fifteen inches above the bracket."

H. R. Hargrove, witness for plaintiff, testified, in part: "On the night of May 2nd, 1932, I was in my store.I saw this fire which it is alleged occurred on that night.I got there somewhere between ten-thirty and ten-forty-five.*** There was a metal bracket on the warehouse, with three wires connected to that metal bracket.The wires led from the pole on the street, thirty or thirty-five feet.Those wires were used to run current in the Roanoke Supply Company.The fire was around the metal bracket on the warehouse.The center of the fire was at the metal bracket on the warehouse, best I could see it.I imagine this metal bracket was located about a foot, might be more, from the roof.Might be less.When I first got there the flames had not reached the roof.*** The wires fell down and sputtered and arced a minute or two.The current was finally cut off the wire was cut in two.I don't know who cut the wire."

There was other evidence on the part of plaintiff corroborating the above-named witnesses.The plaintiff introduced two witnesses whom the court below found were experts.The first, in answer to a hypothetical question propounded by plaintiff, testified:

"Q.Do you have an opinion as to what was the cause of the fire?A.Yes, sir.

"Q.What is that opinion?A.It was set afire from the wires in my opinion."The second, in answer to a hypothetical question, testified:

"Q.Do you have an opinion as to what was the cause of the fire?A.Yes, sir, I should say it can be caused by arcing on that bracket."

The defendant denied negligence, and introduced witnesses to the effect that the fire did not start as contended for by plaintiff's witnesses at the bracket, but elsewhere; that the wires, bracket, etc., were properly installed, insulated, and inspected.

J. H Cranwell, a witness for defendant, testified, in part: "I am employed by the Virginia Electric & Power Company, I have been with the company a long time, probably twenty some years, twenty-three or four years.I live in Roanoke Rapids.I am supposed to be service man with the company, meter reader, looking after service.In looking after service it is my duty to inspect service and see that the appliances are all right.That is part of my job to inspect the service and see that they are kept in good condition.I inspected the service into the premises of Mr. Collins, where the fire occurred, every month; around the 12th or 13th of each month passed there and read the meters, always inspected the service when convenient for me to do it.The last time I inspected that service was the 13th or 14th of April, which would be less than thirty days before the fire.That record was not in writing.I inspected the wire that came from the transformer to the corner of the building and from the corner to the back end of the brick store building.The wires were...