McCaughna v. Owosso & Corunna Elec. Co.

• Decision Date: 11 February 1902
• Parties: McCAUGHNA v. OWOSSO & CORUNNA ELECTRIC CO.
• Court: Michigan Supreme Court

89 N.W. 73

129 Mich. 407

McCAUGHNA v. OWOSSO & CORUNNA ELECTRIC CO.

Supreme Court of Michigan

February 11, 1902

Error to circuit court, Shiawassee county; Stearns F. Smith, Judge.

Action by George B. McCaughna, administrator of the estate of John Young, deceased, against the Owosso & Corunna Electric Company. From a judgment for defendant. plaintiff brings error. Affirmed.

Watson & Chapman and S. S. Miner, for appellant.

Lyon &amp Hadsall, for appellee.

MONTGOMERY J.

This is an action for negligently causing the death of the intestate. The declaration avers that the defendant maintained a large number of electric wires in the city of Owosso, one of which was located near the south bank of the Shiawassee river and north of the Ann Arbor Railroad, near a brick building known as the 'Old Electric Power House,' and was fastened to a pole 30 feet high; that, in order to hold said pole in position, said defendant had placed a guy wire connected with said pole at the top, and running southwesterly, fastened at the top of a post 5 or 6 feet high, and that the company had carelessly and negligently placed said guy wire in such a position that it came and was in contact with the electric wire, and thus became a live wire; that said guy wire was located on the west side of a wagon road or track, which was frequently traveled both by foot passengers and by teams that a person traveling along the track was liable to come in contact with the wire, or liable to put his hand against it and that it became the duty of the defendant, knowing that said track and grounds were so used as aforesaid, not to locate a guy wire, charged with electricity sufficient to produce death, in and near said track and grounds, so that foot passengers, or any other travelers, would be in danger of coming in contact therewith, or in any manner getting against the same. The declaration further avers that the decedent was passing along the street, highway, and track in a prudent and careful manner, and, without negligence on his part, came in contact with said guy wire, so charged with electricity, and was instantly killed. On the trial the circuit judge directed a verdict for the defendant, and the case is before us for review on error.

The annexed plat shows the scene of the accident:

RPT.CC.1902001202.00010

(Image Omitted)

It will be noted that the premises shown upon this plat are the yards of the railroad company, and devoted to uses closely allied to the railroad business. At the east end of the building marked 'Ann Arbor Depot' there was a sign erected reading, in substance, 'Dangerous! The public is hereby warned not to trespass upon these grounds as this is not public property.' The plaintiff introduced testimony tending to show that the place marked 'Traveled Way' on the plat had...