Naki v. Hawaiian Electric Co.

442 P.2d 55, 50 Haw. 416, 1968 Haw. LEXIS 137
CourtHawaii Supreme Court
DecidedJune 4, 1968
Docket4771
StatusPublished
Cited by9 cases

This text of 442 P.2d 55 (Naki v. Hawaiian Electric Co.) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Naki v. Hawaiian Electric Co., 442 P.2d 55, 50 Haw. 416, 1968 Haw. LEXIS 137 (haw 1968).

Opinions

OPINION OF THE COURT BY

LEVINSON, J.

The trial court, sitting without a jury, held the defendant, Hawaiian Electric Co., Ltd., liable for injuries the plaintiff, Mrs. Thelma Naki, sustained when she came in contact with her copper radio antenna wire, energized as a result of resting on a bare spot on her electric wires. The trial court found the defendant negligent on three grounds: its trouble shooter failed to inspect the plaintiff’s premises properly and thereby to discover the dangerous condition which resulted in the plaintiff’s injury; he failed to warn the plaintiff of the dangers which might exist; and he failed to turn off the power between the utility pole and the plaintiff’s house.

The judge orally announced that he would award the plaintiff $15,130, but the judgment filed May 13, 1964 was for only $5,130. The plaintiff filed a motion for reconsideration of the amount of [417]*417damages. Following oral argument on May 25, 1964, the court orally denied the motion but did not enter a written order. The defendant filed its notice of appeal, and the plaintiff filed her notice of cross-appeal. We dismissed that appeal as premature and remanded the case to the trial court, 50 Haw. 85, 431 P.2d 943 (1967). The order was entered on April 17, 1968 and the case is now before us on the merits.

For the most part the facts are undisputed. The defendant maintains a utility pole on the side boundary of the plaintiff’s property, near the back boundary. The pole serves several houses by separate cables. The cable running to the Furtado house, in back of the plaintiff’s house, passes under a coconut tree in the plaintiff’s back yard. None of the other cables from the utility pole passes under the tree. The plaintiff had a bare copper radio antenna wire over the top of her house attached to a tree in front of the house and to the coconut tree in the back yard. A portion of the insulation on the plaintiff’s outdoor electric wire attached to the cable serving the plaintiff’s house had deteriorated and part of the electric wire was exposed.

It had rained the night before and the morning of the accident. The sky was cloudy and the ground was damp. On the morning of the accident, the plaintiff was awakened by a noise which probably was the sound of a cluster of about a dozen coconuts from the tree in the back yard striking the ground. From her window she saw that the Furtado’s electric service line had been knocked down. She believed that her electric stove was functioning improperly and called her husband to determine what to do. In accordance with his instructions, she went outside and turned off the switch at her meter box. This prevented current from flowing past the meter box into the house. It did not, however, de-energize her service line between the utility pole and the meter box. Mrs. Furtado told the plaintiff that she had called the defendant because she had no electric current. The plaintiff returned to her house to dress.

Within a short time, Mr. Ching, a forty-year employee of the defendant, arrived to investigate the Furtado’s loss of power. He discovered that the Furtado service line had been completely broken at both ends, apparently by the force of the falling coco[418]*418nuts. No current was running through the broken wire and there were no loose cables hanging from the pole. The wire on the ground was not dangerous and was not involved in the accident. Mr. Ching decided to determine whether any of the other service lines from the utility pole had been affected by the breaking of the Furtado line. From the Furtado yard he observed that the plaintiff’s line had not been broken. The plaintiff gave him permission to enter her yard to determine whether electricity was flowing between the pole and the meter box. In response to his question concerning the location of the meter box, she testified she told him she would show him and that she had turned off the current earlier. He testified she told him where the meter box was located and she said nothing about turning off the current.

After this brief discussion, Mr. Ching walked the short distance to the meter box at the back corner of the house. The plaintiff followed him, standing out from under the eaves. About the time when he closed the switch at the meter box he heard the plaintiff yell. She testified that she did not see the wire that touched her arm. There is no evidence indicating how she came into contact with the radio antenna wire. We can only assume that a gust of wind may have blown it against her, that she walked into it, or that she moved her arm into it. Mr. Ching did not touch the wire.

After attending to the plaintiff’s injuries, Mr. Ching returned to the plaintiff’s yard and discovered a thin, broken, uninsulated copper radio antenna wire hanging down from the eaves at the side and near the back of the house. He discovered that a portion of the outside wiring, which the consumer rather than the power company owned and was contractually responsible for maintaining, was deteriorated and exposed. The antenna wire, apparently broken by the same coconuts which broke the Furtado cable, had become wrapped around the bare spot and thereby had become energized.

Basis of Liability

To be held liable for the plaintiff’s injuries, the defendant, among other things, must have owed the plaintiff a duty, and it must have failed to fulfill that duty. We have long discarded [419]*419the concept of liability without fault in connection with the furnishing of electricity.

At the outset it is clear that Mr. Ching’s throwing the meter box switch did not provide the current to energize the radio antenna wire. The portion of the electric wire which the radio antenna wire came into contact with and which energized it was controlled by a switch on the utility pole. The meter box switch had no control over the flow of current between the utility pole and the meter box.

Duty to Inspect

The trial court did not indicate clearly the nature of the duty to inspect which it found that the defendant failed to fulfill. It is well established that a power company owes no duty to inspect or to repair its customer’s wires. Minneapolis Gen. Elec. Co. v. Cronon, 166 F. 651 (8th Cir. 1908); Baker’s Adm’x v. Kentucky & W. Va. Power Co., 290 Ky. 38, 160 S.W.2d 360 (1942). The burden imposed on the company if it were required to inspect every customer’s privately owned wires and appliances would impair substantially the company’s ability to perform its vital function. It might well force the company to discontinue serving private residences. The defendant introduced uncontroverted evidence proving that the bare spot was on that portion of the wire owned and controlled by the plaintiff. If there was negligence in failing to discover and to repair the defective wire, it was the plaintiff and not the defendant who was at fault.

This is not to say that the defendant had no duty to conduct some other kind of inspection. The defendant had the duty to determine whether other cables attached to the same utility pole had been damaged by the break in the Furtado cable. But this duty was created by the facts then reasonably available, i.e., the breaking of a single service cable by a cluster of falling coconuts.

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Naki v. Hawaiian Electric Co.
442 P.2d 55 (Hawaii Supreme Court, 1968)

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Bluebook (online)
442 P.2d 55, 50 Haw. 416, 1968 Haw. LEXIS 137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/naki-v-hawaiian-electric-co-haw-1968.