Glander v. Milwaukee Elec. Ry. & Light Co.

• Court: Wisconsin Supreme Court
• Writing for the Court: BARNES
• Citation: Glander v. Milwaukee Elec. Ry. & Light Co., 155 Wis. 381, 144 N.W. 972 (Wis. 1914)
• Decision Date: 13 January 1914
• Parties: GLANDER v. MILWAUKEE ELECTRIC RY. & LIGHT CO.

155 Wis. 381

144 N.W. 972

GLANDER

v.MILWAUKEE ELECTRIC RY. & LIGHT CO.

Supreme Court of Wisconsin.

Jan. 13, 1914.

Appeal from Circuit Court, Milwaukee County; F. C. Eschweiler, Judge.

Action by Annie Glander, as administratrix, against the Milwaukee Electric Railway & Light Company. From a judgment for defendant, plaintiff appeals. Affirmed.

Plaintiff brings this action to recover damages for the death of her husband, who was a fireman of the city of Milwaukee. Death resulted from grasping a guy wire charged with electricity. The wire in question had become broken or detached, and hung suspended about 18 inches distant from a wooden pole. It reached within five or six feet of the ground. The wire in swaying back and forth from the wind periodically touched the pole. The contact resulted in the emission of sparks from the wire, which burned a small hole in the pole. The fire department was called by telephone and responded to the call. In the meantime the fire had been put out by boys throwing snow on it. After the department arrived the wire continued to sway and to emit a flame or sparks when it came in contact with the pole.

Captain Konz, who was acting as assistant chief on this occasion, was the first member of the fire department to arrive. He testified that he got there about three minutes after he received the call. Lieutenant Murphy and his men arrived a few seconds later. The deceased was a member of this crew. Captain Konz further testified that he told Lieutenant Murphy to see that no one went near the post, and that he would telephone the operator of the fire department to notify the street railway company to send a line wagon to make the necessary repair and to shut off the current. After telephoning, he advised the firemen to return to the stations, after directing Lieutenant Murphy to leave a detail of men to stay near the post to see that no one came in contact with it. He also said that he advised the firemen to keep away from the pole, and that he was advised by Murphy that he would leave the deceased to warn persons to keep away, and that he also told him to keep away from the pole. He also testified that he told his men to keep away from the wire, and not to let any one come within five or six feet of the pole. Later he said that he was not sure that he specifically mentioned the wire, but that if any one kept away from the pole he would also keep away from the wire.

Lieutenant Murphy testified that the wire was electrified, and that every time it touched the pole it would spit fire. Also that he detailed the deceased to stay there and guard the wire, and not let anybody come in contact with it, and that he told him to stay until some one came and removed the wire and in the meantime to keep people away from it.

The witness Halazon was called by the plaintiff, and he testified that he was on the ground when the firemen came, that they (meaning either the captain or lieutenant or both) told deceased to keep people away from the pole, because it was dangerous for any one to go near it, and that the wire was still sparking when the department left, and continued to spark after that.

There is practically no dispute as to what occurred thereafter. After waiting for about 15 or 20 minutes, the deceased took hold of the wire with his right hand, on which he was wearing a leather glove, and apparently backed toward the sidewalk, in the meantime trying to break the wire down. The wire was of the size of a slate pencil, and he was not successful. He then moved forward and grasped the wire with his left hand, which was bare, and received a shock which killed him almost instantaneously. The witness Killian testified that a woman living in the neighborhood told deceased not to touch the wire. The evening was mild, the deceased had had his supper, and he was detailed to remain where he was stationed until the repair wagon came along. No reason is suggested why he did not obey the instructions he had received, or why he undertook to break a wire of the size of this one. There was no insulation on it whatever.

...