Reddy v. City of Watertown
| Decision Date | 28 July 1928 |
| Docket Number | No. 6009.,6009. |
| Parties | REDDY v. CITY OF WATERTOWN. |
| Court | South Dakota Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Codington County; W. W. Knight, Judge.
Action by Agnes Reddy, as administratrix of the estate of Paul Reddy, deceased, against the City of Watertown. From a judgment of dismissal, and an order denying a new trial, plaintiff appeals. Affirmed.M. J. Russell and Irvin H. Myers, both of Watertown, for appellant.
Howard B. Case, City Atty., of Watertown (G. W. Case, of Watertown, of counsel), for respondent.
At the time of the accident out of which this action has arisen, the city of Watertown owned and operated a municipal electric light plant. Block 14, about 350 feet square, was divided by an alley 20 feet wide running north and south through the middle of the block. A school, referred to in the record as the Sisters' school, with its playgrounds, was maintained on the east half of the block. On the west side of the alley, opposite the school grounds, there was a pole for the support of electric light wires. On this pole, 14 feet and 5 inches above the ground, was a platform of 2-inch plank, on which there was a transformer, the height of which was 2 1/2 feet above the platform. Depending from a crossbar on the pole above the transformer, and at a height of 6 feet above the platform, there was a coil, known as a “choke coil,” which was connected by a wire with the transformer. This choke coil and wire carried a voltage of about 2,200 volts, which in the transformer was reduced to 110 for use by consumers in their residences. The platform was composed of cross-stringers on which were nailed four planks on each side of the pole, leaving a gap or opening in the platform the width of the diameter of the pole, through which one climbing the pole could get onto the platform. There were spikes driven into the pole to enable workmen to ascend; the lowest being 32 inches from the ground, and the others at distances of 18 inches apart.
On November 6, 1923, some of the boys attending the school were playing during the noon recess, and Paul Reddy, a boy about 14 years of age, and another boy, had got a number of boys' caps. Paul climbed the electric light pole referred to, and the other boy a telephone pole across the alley, and began playing “catch,” by throwing the caps across the alley to each other; Paul standing on top of the transformer. While thus engaged the Mother Superior arrived on the scene and ordered Paul to come down. He started to do so, and evidently in order to balance himself in descending from the transformer took hold of the choke coil and was instantly...
To continue reading
Request your trial