Harris v. Fla. Pub. Service Co., (1930)
Court: Supreme Court of Florida
Number:
Visitors: 8
Judges: BUFORD, J. —
Attorneys: C. E. Lemire, Fred S. Scott and S.E. Durrance, for Plaintiff in Error;
E. W. R. C. Davis, for Defendant in Error.
Filed: Jun. 27, 1930
Latest Update: Mar. 02, 2020
Summary: In this case the plaintiff in error sued the defendant in error for the wrongful death of her husband. The evidence shows that the deceased came to his death by coming into contact with wires charged with electricity and owned and operated by the defendant in error, who will hereinafter be called the defendant. The defendant furnished electricity to the home of a man by the name of Johnson. The transformer was on a pole set up on the Johnson property near a pump house. Electrical power was trans
Summary: In this case the plaintiff in error sued the defendant in error for the wrongful death of her husband. The evidence shows that the deceased came to his death by coming into contact with wires charged with electricity and owned and operated by the defendant in error, who will hereinafter be called the defendant. The defendant furnished electricity to the home of a man by the name of Johnson. The transformer was on a pole set up on the Johnson property near a pump house. Electrical power was transm..
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It seems to me that under the somewhat peculiar facts of this case, as disclosed by the evidence, the question of contributory negligence might very appropriately have been submitted to the jury under proper instructions. But I think one of the charges given was erroneous, in that it invaded the province of the jury to determine from the evidence what was the proximate cause of the death of plaintiff's husband.
Source: CourtListener
