Johnson v. Southern California Edison Co.

Plaintiff’s intestate was killed while working at his employment as an electrician in a distributing or transforming station belonging to defendant. After plaintiff’s testimony had been introduced defendant made a motion for judgment of nonsuit on the ground that plaintiff had failed to prove a sufficient case for the jury, which motion was granted. An appeal from that judgment has been taken and is presented upon a statement of the case.

The alleged cause of action was based upon an assignment of negligence. It was alleged by the plaintiff that while his intestate, one Spencer, was engaged in making tests on wires to determine whether some newly installed connections were in proper order and place, defendant negligently and without any warning or notice to Spencer, caused a more powerful current to be sent over the wires than was proper or safe, considering Spencer’s position with respect to the wires and apparatus, by reason of which negligent act Spencer was injured and burned by an electric are from which injuries he subsequently died. By the testimony introduced on behalf of plaintiff it was shown that Spencer was a man experienced in the doing of the work at which he was…