Porter v. Georgia Power Co.

167 S.E. 903, 46 Ga. App. 613, 1933 Ga. App. LEXIS 149
CourtCourt of Appeals of Georgia
DecidedFebruary 24, 1933
Docket22509
StatusPublished
Cited by3 cases

This text of 167 S.E. 903 (Porter v. Georgia Power Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Porter v. Georgia Power Co., 167 S.E. 903, 46 Ga. App. 613, 1933 Ga. App. LEXIS 149 (Ga. Ct. App. 1933).

Opinion

Sutton, J.

C. O. Porter brought suit for damages in Baldwin superior court against the Georgia Power Company, which company furnished electrical power to operate the Porter Brick Company plant, and alleged: that a fire of electrical origin destroyed his brick plant on February 7, 1930, thereby damaging him in the sum of $40,000. He alleged that the defendant, in supplying him electric current, carried 3,300 volts over its transmission lines from its generating plant to a pole about five feet from the outside wall of the brick manufacturing plant, and at this place three fuses and three transformers were installed, the purpose of the transformers being to reduce or step down the high voltage current to 550 volts; that two conduit lines (hollow iron pipe) extended from the low side of these transformers on the pole down to the ground and were then laid under the ground and the wall of the building to a point directly under the two starter boxes, and then up to said starter boxes in the brick machinery building; that in said conduit lines were the feed wires which extended from the transformers to the starter boxes, and from them to the motors, which operated the machinery in the brick plant; that said conduit lines were of inferior metal and not suitable for this purpose, and that the insulation on the wires in said conduits was not covered by lead sheathing or casing, as it should have been, to protect it from moisture, causing decay; that two of the fuses on the high side of the transformers had become defective, and the center transformer was defective in its winding and wiring; and that there were no fuses on the low side of the transformers, to blow and cut off the current in the event of a short or ground on the line between the transformers and the starter boxes. Plaintiff alleged that the defendant company was negligent in maintaining and operating the electrical appliances installed by it (or its predecessor) in his brick manufacturing plant in the above manner and in such a way as to cause a short circuit, or a ground, or both, which communicated the fire to his property.

[615]*615The defendant answered and denied the allegations of the petition. By agreement of the parties, the case was tried before the presiding judge, without the intervention of a jury, and he rendered a finding and judgment in favor of the defendant, holding that in his opinion the fire was not of electrical origin; and to this judgment the plaintiff excepts.

We have carefully read and considered the entire record in th'is case, and have also examined the physical evidence introduced and brought before this court. The evidence is voluminous, and the court can only refer to certain portions of it in this opinion. There were two buildings, the dryer -and the machinery building. The electrical equipment was installed only in the machinery building, and the plaintiff contends that a short or ground, or both, in one of the conduit lines, due to improper installation or negligent operation, caused the fire.

Josh Vassar testified for the plaintiff, in part, as follows: I remember the night of the fire at the brick-yard. I was firing the dryer out there. It was a fair night. The brick machinery building was back to the side of the dryer. When I was firing the furnace I was standing on the concrete runway. No fire got out from my furnace that night, nor from the chimneys. The first notice I had of anything being wrong was that flash. It came out from the front. I don’t know whether it came from the post or back in there where the fire was. ■ It was a white flash, sort of like lightning. I stopped and looked, and after awhile saw it again, and I went out the back way and came down and when I came down there I saw that blaze, that blue and red blaze shooting up there side of the building, and I went on up to the house and got Mr. Harshbarger. That fire started there at that wire. That first flash came from that wire. It seemed like this flash was on that post, up there where those fuses were, and when I looked again it flashed again.

J. T. Smyly, a practical electrician of twenty-five years experience, testified for the plaintiff, to the effect that it was proper for wires in a conduit to be lead covered, as rubber insulation would soon wear off and give trouble. Upon exhibiting to this witness the parts of the conduit pipe in evidence in this case, the witness stated that certain holes and torn places therein came from an electric weld fire inside the pipe, and that a fire from the outside could not produce such a result.

[616]*616S. H. Harshbarger, who was manager of the plaintiff’s plant at the time of the lire and lived near the plant, testified in part: The fire started somewhere around two thirty. Josh Vassal-, the night watchman, notified me. When I got down there I found the outside wires on the pole leading to the transformers arcing, and Josh was pouring water on them. I remember sometime previously there was a -defective fuse or switch on the high side of the transformers, and the attention of the defendant’s agent was called thereto. The building containing the machinery was near to the dryer, separated only by a narrow-gauge road. When I first got there I just noticed the wires arcing outside of the big switches, and I went on around and found the lower starter-box burning; that fire was inside the building.

T. E. Smith, an employee of the plaintiff, testified, in part, as follows: I pulled those fuses at the end of the day’s work. I pulled these two switches at the two starter-boxes at the end of the day’s work immediately preceding the fire. There were no fuses on the switches on the low side. This witness testified as to a defective fuse before the fire, and as to other matters, but did not testify as to the cause or origin of the fire.

George P. Eankin Jr., assistant city electrician of Macon, testified for the plaintiff, in part, that he -was out at the brick plant after the fire and examined the transformers, feeding wires,' cables, wires throughout the conduit lines; and other things connected with electrical installation. He testified that the wires in the conduit pipes were insulated with rubber and were not as required by the National Electric Code, the requirements of which were supposed to be observed by the defendant. Such wires should have been lead covered to protect them from moisture, which causes decay and produces shorts and grounds. He testified that there were no fuses on the short side.of the transformers. When exhibited the conduit pipes in this case, with the holes and tears therein, he said, “Nothing in the world would do that except an acetylene blowpot and weld, and that is what it had, a welding machine inside.” He further testified: “I have seen conduit pipe such as this melt up and bend and twist, but never saw any hole in it like that from a general fire. I would not want to say that this fire was caused by defective installation of electric equipment or was caused by electricity, but there is enough evidence there that the fire could have started from that, but I would not say it did.

[617]

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Bluebook (online)
167 S.E. 903, 46 Ga. App. 613, 1933 Ga. App. LEXIS 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/porter-v-georgia-power-co-gactapp-1933.