State Ex Rel. Cullen v. Crisfield Ice Manufacturing Co.

⁵²² Stockbridge, J., delivered the opinion of the Court. There is hut a single question presented for consideration by the record in this case. Did the trial Court err in directing a verdict for the defendant by granting the second prayer of the defendant corporation, to the effect “that by the uncontradicted evidence in the case the negligence of Gordon Cullen, plaintiff’s son, directly contributed to the accident which caused his death ?” Gordon Cullen was a boy eleven and a half years of age at the time of his death, on Wednesday, November 3rd, 1910. About six o’clock in the evening of that day he was playing with a hoop on one of the streets of the town of Orisfield.

An electric light wire of the defendant which had become ■detached on the previous Saturday from the arm designed to support it was hanging so as to touch or nearly touch the ground by a gutter which'ran along the side of the street. This wire, when in use, carried a current of 2200 volts, a deadly current to persons who might come in contact with it. The child Gordon did so come in contact with it, and with a scream fell dead, and when he was finally picked up his right and left hands were both ba.dly burned. Such in substance is the undisputed evidence in the case.

On the other points there is more or less contradiction. But from the evidence thus far recited it will be clear that the defendant. company was guilty of such negligence as would render. it liable, in leaving a deadly wire for such length of time where passers-by might come in contact with it. The defense relied on is that of contributory negligence. Three witnesses, Walter Braxton, Marion Pruitt and Verxion Webb, were called, who testified substantially to the effect that on the evening in question Gordon, who had been playing with a hoop, as he came to where the wire was hanging down or lying on the side of the gutter, picked up the wire and tried to get two colored girls who were passing to take hold of it, and also Pruitt.

That Braxton who was passing told the girls not to touch it, and said to Gordon to put it down, that it was dangerous, that the lights would' soon be ⁵²³ turned on and that then he, Gordon, would be killed, and Pruitt further testified that a similar caution was given by a colored woman who was also passing. It is further testified that the lights had not been turned on when this took place, and that very soon thereafter the lights were turned on and Gordon fell,