Fallstrom v. Brady Electrical Co.

199 N.E.2d 330, 347 Mass. 600, 1964 Mass. LEXIS 809
CourtMassachusetts Supreme Judicial Court
DecidedJune 8, 1964
StatusPublished
Cited by4 cases

This text of 199 N.E.2d 330 (Fallstrom v. Brady Electrical Co.) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fallstrom v. Brady Electrical Co., 199 N.E.2d 330, 347 Mass. 600, 1964 Mass. LEXIS 809 (Mass. 1964).

Opinion

Spalding, J.

On July 2,1957, four firemen were injured and a fifth was killed while fighting a fire on the premises of the Worcester State Hospital. The defendant installed a transformer in one of the hospital buildings. These actions of tort were brought by the four injured firemen and by the administratrix of the deceased fireman.2 The defendant, it is alleged, sold and/or installed ... [a 1,500 KVA] transformer, well knowing that the same was to be used in connection with electrical work and that if it were not properly constructed and/or installed there might be serious damage to others; that on . . . July 2, 1957, by reason of the negligent construction and/or installation of the said transformer” it did not function properly and this caused the injuries, death, and conscious suffering complained of.

We summarize the evidence as follows. The Commonwealth owned and operated a mental hospital known as the Worcester State Hospital on Belmont Street, Worcester. Prior to July 2,1957, the Commonwealth entered into a contract for the construction of a new building, known as the Bryant Building. This building was accepted on or about May 17, 1957, and on July 2, 1957, was “occupied and . . . in operation.” The Commonwealth also entered into a contract for the enlargement and remodeling of a building known as the old Power House. The work was accepted on or about March 13, 1957. Involved in this remodeling was “a change over” from the former method of generating electrical power by the hospital’s own generators to a sys-[602]*602tern, which would enable it to purchase power from the Worcester County Electrical Company (Worcester). The contract for supplying the specified wiring and equipment for this purpose was let to the defendant by the general contractor. This contract also included the installation of the 1,500 KVA dry type transformer (KVA), the wiring and equipment, and the furnishing of an electrical light and power system. But the defendant’s contract did not include the furnishing of the metering transformer hereinafter described; this was to be furnished by Worcester and connected by it to equipment provided by the defendant.

“The electric current pertinent to this accident came from a substation of . . . [Worcester] and was transmitted through cables under ground. From these cables various customers were served, including the . . . [hospital] at . . . (13,800) volts.” In leaving the substation the current passed through one circuit breaker and in passing through the hospital property the current went through two other circuit breakers (A and B). A circuit breaker is “a large capacity switch, which . . . was designed to operate automatically”; it could also be operated manually. It is actuated by one or more relays. Belays are “electric devices which are set to sense changes in the amount of current flowing in the line.” If a ground or other fault, such as a short circuit or excessive current drain, occurs, the relay, through an independent source of power (usually a storage battery) actuates the circuit breaker and causes it to open, thereby cutting the flow of current. The relays here had a short time delay and would sense only trouble which existed beyond their location in the line. The fault or trouble has to be of sufficient magnitude to actuate the relay and must exist for a sufficient length of time to cover the delay to which the particular relay is adjusted.

The accident occurred in the meter room which is in the basement of the Bryant Building. Feeder No. 25 came from the substation and entered the meter room and went immediately into the circuit breaker designated as A and then to a set of metering transformers which were of the oil [603]*603filled type. From these transformers the electricity went to another set of transformers which ‘ ‘ reduced the voltage to a level suitable for use in providing light and power to the Bryant Building.” The current also entered another circuit breaker (B) which was likewise actuated by relays. These relays were set to operate before those on circuit breaker A would operate. From B the current went in an underground cable a distance of about 1,000 feet to the KVA transformer installed by the defendant in the old Power House.

In March, 1957, Worcester started supplying electricity to the hospital through metering transformers which had been installed in May of 1956. These transformers were owned by Worcester. At the request of the defendant the relays on circuit breakers A and B had been tested by Worcester in 1956. All of the equipment described above had functioned without incident prior to the day of the accident.

In a new vault room of the old Power House the defendant had installed the KVA transformer from which various substations were to be supplied. The transformer would be able to reduce the supply to usable voltage, which was about 110 volts. This transformer had a circuit breaker (B) which was operable manually or automatically. The transformer was ordered by the defendant but was of a type specified by the Commonwealth; it had been guaranteed by the manufacturer to carry the required load plus an additional safety factor. Prior to its installation, Worcester, at the defendant’s request, had tested the transformer by what is called a “megger” test. This test showed that there was no excess of moisture but it was not designed to, and did not, show whether there was a leakage of current between the windings.

Between 8:45 and 9 a.m. on July 2, 1957, one of the substations was connected to the KVA transformer in the Power House by an employee of the defendant and it began to “smoke and emit an odor.” This condition could be “normal for the initial loading of . . . [this] type of trans[604]*604former” but there was evidence that this condition would not be normal and indicated the “probability of defect.” The smoke and odor increased during the day. About 4 p.m. Santomeno, an experienced electrician employed by the defendant, took the bolts out from a metal panel on the side of the transformer and propped it open with a piece of wood. This was done in order to provide more ventilation.

About 6 p.m. Santomeno, who was in the building for another purpose, went to the vault room with a hospital employee where the KVA transformer was located “in order to see how it was behaving.”3 According to Santomeno, when his forearm was on the “inner side of the panel [of the transformer] ... a flash took place” and he was burned.

At about that time a loud noise was heard at the Bryant Building where the metering transformer was located. Smoke was seen on the main floor of the building. The basement was also full of smoke and the doors of the vault had blown off their hinges. At 6:33 p.m. the Worcester fire department was summoned to the Bryant Building. Arriving about five minutes later, the firemen went into the meter room which at that time was filled with heavy, black smoke which had an odor of oil. The only thing that could be seen by the firemen was a “reddish glow.” Ansul powder, a chemical used in fighting fires where oil or electricity is involved, was applied and the glow “died down.” It reappeared in a few minutes and more ansul powder was applied. Thereupon “a sheet of bright flame arced out and there was a loud noise.” As a result of this explosion four of the plaintiffs were injured and the plaintiff administra-trix’s intestate, a district chief, was killed.

At 6:40 p.m. a circuit breaker on feeder No. 25 opened at the utility substation. This indicated a short circuit or grounding on the feeder.

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Cite This Page — Counsel Stack

Bluebook (online)
199 N.E.2d 330, 347 Mass. 600, 1964 Mass. LEXIS 809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fallstrom-v-brady-electrical-co-mass-1964.