Hughes v. Louisiana Power and Light Company

94 So. 2d 532, 1957 La. App. LEXIS 1072
CourtLouisiana Court of Appeal
DecidedMay 2, 1957
Docket4165
StatusPublished
Cited by19 cases

This text of 94 So. 2d 532 (Hughes v. Louisiana Power and Light Company) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hughes v. Louisiana Power and Light Company, 94 So. 2d 532, 1957 La. App. LEXIS 1072 (La. Ct. App. 1957).

Opinion

94 So.2d 532 (1957)

Lee D. HUGHES, Plaintiff-Appellee,
v.
LOUISIANA POWER AND LIGHT COMPANY, Defendant-Appellant.

No. 4165.

Court of Appeal of Louisiana, First Circuit.

March 20, 1956.
On Rehearing May 2, 1957.

*533 Monroe & Lemann, Andrew P. Carter, New Orleans, Reid & Reid, Hammond, for appellant.

Iddo Pittman, Jr., Hammond, for appellee.

TATE, Judge.

Defendant power company appeals from judgment awarding plaintiff Hughes $551.60 damages. Plaintiff-appellee answers the appeal requesting increase in the award.

At about 2:00 a. m., on April 16, 1954, lightning struck a transformer belonging to defendant company situated on or near Hughes' property and serving only Hughes' premises. At this time and for several hours thereafter it was raining heavily "and there was quite a bit of lightning flashes," Tr-35.

Mrs. Hughes at once called defendant company. Its servicemen located the cause of the trouble as the burnt transformer at about 4:00 a. m., radioed for a new transformer, and installed the new transformer at about 5:30 a. m. At this time the lights went on in the house and the barn, although the milking machine did not then operate.

About 30 minutes later, the company servicemen were radioed to return to Mrs. Hughes to assist her in replacing a burned fuse; they returned, replaced the fuse, saw that the milking machine commenced running, and left. Mrs. Hughes hosed down the floor of the barn for about three or four minutes, left the barn to fix breakfast, and about twenty minutes later saw the barn on fire.

The company's 2400 volt power line brought the electric current to the company's transformer, where the current was *534 transformed into 220 volt current for the barn machinery, and 110 volt current for the house and other lights. From this transformer some current went to the residence, some to the barn. The current to the barn passed through the main switch-box, in which there were two fuses. From one fuse, the current operated the barn lights. From the other, the current (passing through yet another fuse several feet distant solely for the milking machine) operated the milking-machine and perhaps other machinery.

As stated before, following installation of the new transformer, the Hughes' electrical service was restored except for that leading from the fuse in the barn switch-box which led to the milking-machine. On their second visit, defendant's servicemen pried loose with pliers this fuse, which was burned and charred, and inserted another fuse furnished by Mrs. Hughes, following which the milking-machine commenced operating. It was shortly after this that the fire was discovered.

Defendant vigorously assails the District Court's finding that: "When the new fuse was placed in the box by the employees of the defendant company, it completed the circuit which allowed the flow of electricity into all of the wires in the barn and unquestionably precipitated the fire." However, we believe this finding supported by the preponderance of the evidence, including the short time interval; the fact that no trouble in the wires manifested itself since their installation fifteen months prior to this incident; the testimony of defendant's employees that a surge of lightning through the fuse-box could have damaged the electrical wiring system on the other side thereof; the uncontradicted testimony that after the fire every wire leading out of the fuse box (but not those leading in) were burned and were burned along the wall near the fuse box (Tr-88, defendant's district manager), from the switch and up into the attic (Tr-82). We note that defendant's electrical engineering expert with praiseworthy frankness testified, Tr-97:

"Q. Is it possible that, and even probable, that the lightning surge that hit the transformer could have deteriorated the wiring in the barn, creating a dangerous condition?
"A. It is possible, and under _________
"Q. What about the probability?
"A. _________ under certain conditions, and in this instance particularly, it is a very good probability."

We may add that although defendant urges that perhaps the hosing of the floor or other causes may have intervened to cause the fire by wetting the wires, that the record is devoid of any evidence as to such other causes. For instance, the wires were situated on the wall and ceiling, and only the floor was hosed, and Mrs. Hughes testified that there was no possibility that water had gotten from the floor to the wall and ceiling.

In the absence of Louisiana jurisprudence directly in point, both parties cite to us the Annotation, "Liability of electric company to one other than employee, arising from its failure to shut off current," 32 A.L.R.2d 244, at page 249, Section 9, "Defects in customer's equipment". Defendant's brief concisely summarizes the rule of law applicable as follows:

"Generally, where an electric company furnishes current to wires or appliances maintained by a customer, and, because of a defect therein, the passing of current through the wires or appliances results in personal or property damage, the company is liable on the ground of neglect in not shutting off the current, or in continuing to furnish it, provided the company knows, or should know, of such defect. (See comment in 32 A.L.R.2d 282, Sec. 9, and the first cases cited thereunder). However, an electric company is not liable for damages arising from its failure to shut off current passing to a customer's wires or equipment, where the company is without *535 knowledge of any defect." (Italics those of briefwriter.)

Otherwise stated:

"The duty and responsibility of a mere generating company is generally held to be limited to making a proper connection and delivering the electric current to the purchaser's wires and appliances in a manner which, so far as such delivery is concerned, protects life and property, and there is no duty of inspection to see that the purchaser's wires and appliances are in a safe condition and kept so. Accordingly, where wiring or other electrical appliances on private premises are owned and controlled by the owner or occupant of such premises, a company which merely furnishes electricity is not responsible for the insulation or condition of such wiring or appliances and is not liable for injuries caused by their defective condition, to such owner or occupant, * * *. [However,] knowledge of the defective and dangerous condition of a customer's appliances will charge even a mere generator and supplier of electricity with liability for consequences, where current is thereafter supplied to such defective and dangerous appliances, in which case it is the energizing of the line with knowledge of the conditions, and not the conditions themselves, which forms the basis of liability", 29 C.J.S., Electricity, § 57, pp. 611-613. See also 18 Am.Jur.Verbo "Electricity", Sections 46-53, 62, 85, 100.

In an extremely able and eloquent brief, counsel for defendant urges that to uphold the judgment of the District Court herein in effect constitutes the defendant company the insurer of its customers, and assumes in it a duty, to inspect fully the wiring of its customers before resuming the flow of electricity into its customers' premises after an interruption of the service.

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94 So. 2d 532, 1957 La. App. LEXIS 1072, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hughes-v-louisiana-power-and-light-company-lactapp-1957.