Druse v. Pacific Power & Light Co.

• Decision Date: 05 August 1915
• Docket Number: 12669.
• Court: Washington Supreme Court
• Parties: DRUSE et al. v. PACIFIC POWER & LIGHT CO.

150 P. 1182

86 Wash. 519

DRUSE et al. v. PACIFIC POWER & LIGHT CO.

No. 12669.

Supreme Court of Washington

August 5, 1915

Department 1. Appeal from Superior Court, Yakima County; E. B. Preble Judge.

Action by Eva P. Druse and others against the Pacific Power & Light Company. Judgment for defendant, and plaintiffs appeal. Affirmed.

Luhman & Williamson, of North Yakima, for appellants.

Englehart & Rigg, of North Yakima, and John A. Laing, of Portland, Or for respondent.

CHADWICK J.

In attempting to move a hay derrick under a high-power transmission line belonging to the respondent, John L. Druse came in contact with the electric current and was instantly killed. This action is by his widow and children. From an adverse verdict of a jury, plaintiffs have appealed.

The power line consists of three high-tension wires, one set on the top of the pole and one on each end of a crossarm set a slight distance below. Under the crossarm a telephone line consisting of several wires had been strung. When negotiating for a right of way Mr. Druse and the agent of the company negotiated with reference to the height of the line and his derrick. He presumably knew the danger of a contact with the line and the necessity of obviating it. Prior to 1911 the derrick had come up to the telephone wires 'and Mr. Druse climbed up and lifted the telephone wires over the top.' In the summer of 1911 the derrick came in contact with the power line and broke it in two. The shock knocked the horses down on their knees. The wires 'burned right in two.' Mr. Druse was present in the field. He was helping move the derrick, but had 'stopped back to shut the gate.' Thereafter respondent raised the wires between two poles at the request of Mr. Druse, so that the high-power wires were 44 feet 3 inches from the ground on one and 44 feet 7 1/2 inches on the other. The telephone wires were raised to a height of 40 feet 5 1/2 inches and 40 feet 3 inches. The mast of the derrick was 38 feet 6 inches high. It is not contended that there was any danger from the electric current in the telephone wires. There was a sag of 4 or 5 feet in the power wires, and also some sag in the telephone wires. The derrick was rigged on a mast set upon runners made of large timbers. The outfit was dragged from place to place by two teams of horses.

In July, 1912, Druse, with others who were in his employ, was moving the derrick under the power line. The top of the mast came in contact with the telephone wires. The force of the contact was such that the two poles were pulled together, allowing the power wires to sag far enough to come in contact with the derrick. The derrick was rigged with two wire cables called the supporting cable and the pull cable. The one supported the arm of the derrick. The other was used to pull the hay onto the stack. We shall adopt appellants' narrative:

'One end of the supporting cable was attached to the end of the arm of the derrick, ran through the pulley on the top of the mast, and thence ran to the crossbeam to which it was attached by a rope at a point to the left of the mast, the rope running around the beam and over an iron hook attached to the end of the cable. This cable did not reach the ground, and showed no signs of electricity due to contact with the power line, the distance from the iron hook to the ground being too great for the electricity to flash over. The pull cable ran down from the head of the mast through a pulley attached to the crossbeam supporting the mast at a point to the right of the mast, and was then dragging along the ground about 40 or 50 feet back from the derrick. The distance between the points where the pull cable was attached to the beam and the point where the supporting cable was attached was 3 1/2 feet. After coming in contact with the power line, the pull cable showed signs of electricity where it struck the ground. The pulley through which this pull cable ran was attached to the crossbeam by an iron chain, the ends of the chain hanging down to the ground. This chain also showed signs of electricity where it was in contact with the ground. Except as stated, no other parts of the derrick showed signs of electricity except at the point of contract of the must with the high-tension wire. The progress of the derrick was stopped by the wires, and thereupon Druse, after observing the situation of the derrick, attempted to lower the arm of the derrick by unloosening the supporting cable where the same was attached to the crossbeam by a hemp rope. This cable was tied with a slipknot, so that it could be easily loosened, the end of the rope being first looped over the iron hook and then allowed to drag on the ground. Druse took hold of the rope about a foot from the crossbeam, and then removed this loop from the iron hook. He then attempted to jerk the rope loose, but before making the pull necessary to loosen same received a shock of electricity through the rope which resulted in his death; a period of four or five minutes having elapsed between the time the derrick struck the wires and the time when he was killed. At no time prior to his death was Druse closer to the cable and chain showing indications of electricity than 2 or 3 feet, and the undisputed testimony shows that the electric shock received by Druse came through the hemp rope held by him and the apparently dead supporting cable.'

We...