Kentucky & West Virginia Power Co. v. Adams

• Decision Date: 23 April 1954
• Court: United States State Supreme Court — District of Kentucky
• Parties: KENTUCKY & WEST VIRGINIA POWER CO. v. ADAMS.

Page 717

267 S.W.2d 717

KENTUCKY & WEST VIRGINIA POWER CO. v. ADAMS.

Court of Appeals of Kentucky.

April 23, 1954.

Baird & Hays, Pikeville, for appellant.

W. A. Johnson, Paintsville, for appellee.

CLAY, Commissioner.

Appellee recovered a $3,500 judgment against appellant for personal injuries sustained when a crane near which he was working came in close proximity to or made contact with one of appellant's high tension transmission lines. On this appeal appellant contends it was entitled to a directed verdict.

The accident happened as appellee assisted in the loading of a crane and other equipment owned by him upon a trailer, to be transported from the premises of the Middle Fork Coal Company at Greentown. This operation was attempted under the high tension wires of appellant which supplied power to the coal company. Appellant's three energized uninsulated wires carrying 7500 volts of electricity were strung between the main transmission line on the highway and a pole supporting three transformers on the coal company's property. These wires at the lowest point were 30 1/2 feet above the ground.

In the manipulation of the crane by one of appellee's employees it made contact with or came in close proximity to one of the energized wires. The transmission of the current to the crane was carried to appellant on the ground and caused his injuries.

In support of the argument that it was entitled to a directed verdict appellant places reliance on Kentucky Utilities v. Searcy, 167 Ky. 840, 181 S.W. 662. In that case an employee of a telephone company was electrocuted when stringing a telephone wire on a pole jointly used by his employer and the defendant power company. It was decided that since the uninsulated power lines were 8 1/2 feet above the lines upon which the telephone company employees were required to work, the defendant could not anticipate that contact would be made with them, and therefore it had exercised the utmost care in the location of its wires. As in the case before us, there was evidence that power lines carrying high voltage cannot be effectively insulated so as to be safe. It was held the defendant power company was entitled to a directed verdict.

Appellee relies upon Kentucky-Tennessee Light & Power Co. v. Priest's Adm'r, 277 Ky. 700, 127 S.W.2d 616. In that case a supposedly insulated 110 volt wire was located 15 feet above the ground on premises where construction work was being done. The plaintiff's decedent was electrocuted when he attempted to lift this wire so that a stream shovel could pass under it. It appeared the wire was placed on the premises for use in connection with the work being performed, that apparently it was an ordinary safely insulated line, and that the defendant reasonably could anticipate that it would be necessary to raise the wire to permit equipment to pass under it. In view of these facts it was held the case should be submitted to the jury.

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