Pina v. Cape & Vineyard Elec. Co.

• Decision Date: 04 January 1935
• Citation: 289 Mass. 85,193 N.E. 563
• Parties: PINA v. CAPE & VINEYARD ELECTRIC CO.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

289 Mass. 85

193 N.E. 563

PINA v. CAPE & VINEYARD ELECTRIC CO.

Supreme Judicial Court of Massachusetts, Barnstable.

January 4, 1935

Exceptions from Superior Court, Barnstable County; Edward F Hanify, Judge.

Action of tort by Carolina Pina, administratrix of the estate of Arsenia Pina, deceased, against the Cape & Vineyard Electric Company. Verdict for plaintiff in the sum of $2,000, and defendant brings exceptions.

Judgment ordered for defendant.

J Schneider and J. E. Reilly, both of Boston, for plaintiff.

T. F O'Brien and S.E. Bentley, both of New Bedford, for defendant.

PIERCE, Justice.

This is an action of tort to recover damages for the death of Arsenia Pina, who was electrocuted by a wire of the defendant which was broken and hanging from a pole of the defendant on March 7, 1932, in the town of Harwich. The defendant's answer was a general denial and contributory negligence. At the close of the evidence and before arguments the defendant duly filed a motion for a directed verdict, which the judge denied and the defendant duly saved its exception. The bill of exceptions contains all the evidence material to the issues to be decided by this court. The jury found for the plaintiff.

The evidence in its aspect most favorable to the plaintiff warranted the jury in finding, in substance, as follows: On March 7, 1932, and for at least two years prior thereto, the defendant had operated five electric light wires attached to a pole in front of the Arsenia Pina store on Kelly Road, a public highway in the town of Harwich. Three of these wires carried twenty-three hundred volts all the time, and the other two carried the same voltage when the street lights were on. Evidence for the defendant justified a finding that this voltage was dangerous to human life if any human being came in contact with the wires, and might have fatal results that if the wires are properly set up and constructed in relation to each other they will not come in contact with each other but will all generally sway even; that wires that come in contact will get burned out and that they are placed so there will be a sway of around ten to twelve inches; that the wire that was broken must have swayed to the full extent to get burned out as it did, although a defective wire, particularly thin at some place, would burn out at that point. Evidence for the plaintiff justified a finding that the defendant made no routine inspection of its electric light wires other than in connection with service and repair work, except on call or complaint; that the defendant had no records of complaints or records of whether any inspection had been made on the wires on Kelly Road in Harwich for two years prior to March 7, 1932; that the defendant had no records showing what repairs were made on the wires in the Harwich district for two years prior to March 7, 1932; and the general manager of the defendant testified, ‘ that to his knowledge there were no repairs made on the wire with which Pina came in contact for any period say two years before the accident.’ Regardless of the issue whether the defendant knew of the break in the wire in season to have shut off the...