Jakob v. Gary Rys., Inc.
| Decision Date | 30 January 1947 |
| Docket Number | No. 17528.,17528. |
| Citation | 118 Ind.App. 13,70 N.E.2d 753 |
| Parties | JAKOB v. GARY RYS., Inc. |
| Court | Indiana Appellate Court |
OPINION TEXT STARTS HERE
Appeal from Superior Court, Porter County; J. A. Fleishbein, Judge.
Action by Anton Jakob, administrator of the estate of Joseph Jakob, deceased, against Gary Railways, Inc., to recover for the deceased's death. From an adverse judgment, the plaintiff appeals.
Judgment affirmed.
Davis & Gruenberg, of Gary, for appellant.
Gavit & Richardson, of Gary, for appellee.
The appellant attributes the loss of his decedent's life to the failure of the appellee to meet the requirements of § 20-304, Burns' 1933, the pertinent parts of which read as follows: ‘It is hereby made the duty of all owners, contractors, subcontractors, corporations, agents or persons whatsoever engaged * * * in the transmission, generation or use of any electricity or other power, * * * to see and to require * * * that in the transmission and use of electricity of a dangerous voltage, full and complete insulation shall be provided at all points where the public or any employee of the owner, contractor or subcontractor transmitting or using said electricity are liable to come into contact with the wire or wires.’
At the close of the appellant's evidence the court instructed the jury to return a verdict for the appellee and such action is the only error presented by this appeal of which we need take note.
The undisputed evidence establishes the following facts in substance: The appellee owns and operates an electric street railway system in the city of Gary, Indiana, and on the 24th day of July, 1944, maintained a set of tracks and trolley wires on Broadway in said city. Along the west curb line of said street the appellee had what it calls a ‘feeder cable’ which was insulated and supported, at a considerable height above the sidewalk level, by a series of poles. This feeder cable carries 550 volts of electricity and is tapped into the trolley wires every 1000 feet to furnish electricity thereto. The Chicago, South Shore & South Bend Railway Company owns and maintains a large neon sign across and over the west sidewalk on Broadway near its intersection with 3d Avenue, which sign is hung between two steel posts on either side of said sidewalk and from 20 to 25 feet above the same. The appellee's feeder cable passes by the west end of this sign and is guyed, by a bare wire at that point, to the west post supporting said sign. The evidence does not disclose the length of this guy wire but about half-way between the point where it leaves the feeder cable and the point where it is anchored to said post there is an insulator which prevents the flow of electricity over said guy wire and into said post. From the insulator to the feeder cable this guy wire is charged, carrying approximately the same voltage as does the feeder, but from the insulator to the post it is ‘dead.’
On June 30, 1944, the appellant's decedent, Joseph Jakob, was employed by the Ad-Craft Sign Company which, at that time, had a contract with the Chicago, South Shore & South Bend Railway Company to clean and repair said sign. While engaged in such work...
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Hedges v. Public Service Co. of Indiana, Inc.
...means those persons who could reasonably be anticipated to be dangerously close to the lines, as was stated in Jakob v. Gary Railways, Inc. (1947), 118 Ind.App. 13, 70 N.E.2d 753: * * * This means, then, that an electric utility will not generally be required to insulate its wires with a co......
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Rogers v. Grunden, 59A05-9108-CV-254
...of an uninsulated wire carrying a dangerous voltage of electricity." Brown, 496 N.E.2d at 797 quoting Jakob v. Gary Railways, Inc. (1947) 118 Ind.App. 13, 70 N.E.2d 753, 754. In this case, Rogers was present on the private property leased by his employer, an area to which the general public......
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Jones v. City of Logansport
...Denneau v. Indiana & Michigan Electric Co., supra, or while cleaning and repairing a sign near power lines, Jakob v. Gary Railways, Inc., supra (118 Ind.App. 13, 70 N.E.2d 753), or while installing a TV antenna on private property. Northern Indiana Public Service Co. v. Howard (1957), 127 I......
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Brown v. Northern Indiana Public Service Co.
...supra, [ (1971) 150 Ind.App. 615, 277 N.E.2d 8], or while cleaning and repairing a sign near power lines, Jakob v. Gary Railways, Inc., supra, [ (1947) 118 Ind.App. 13, 70 N.E.2d 753], or while installing a TV antenna on private property. Northern Indiana Public Service Co. v. Howard (1957)......