The American State Reports (Volume 54); Containing the Cases of General Value and Authority Subsequent to Those Contained in the American Decisions (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897. Excerpt: ... the wire of another, but the principle upon which the liability is based is the same in both cases. All persons have the right to use the streets, in or over which the wires were suspended, as public highways. Subjecting the dangerous element of electricity to their control, and using it for their own purposes, by means of wires suspended over the streets, it is their duty to maintain it in such a manner as to protect such persons against injury by it to the extent they can do so by the exercise of reasonable care and diligence. This duty iB not limited to keeping their own wires out of the streets, or other public highways, but extends to the prevention of the escape of the dangerous force in their service through any wires brought in contact with their own, and of its transmission thereby to anyone using the streets. Only in this way can the public receive that protection due it while exercising its rights in the highways in or over which electric wires are suspended: Electric Ey. Co. v. Shelton, 89 Tenn. 423; 24 Am. St. Eep. 614; Block v. Milwaukee Street Ey. Co., 89 Wis. 371; 46 Am. St. Eep. 849. Electric companies are bound to use "reasonable care in the construction and maintenance of their lines and apparatus--that is, such care as a reasonable man would use under the circumstances--and will be responsible for any conduct falling short of this standard." This care varies with the danger which will be incurred by negligence. In cases where the wires carry a strong and dangerous current of electricity, and the result of negligence might be exposure to death, or most serious accidents, the highest degree of care is required. This is espcially true of electric railway wires suspended over the streets of populous cities or towns. Here the 887 danger is...