Styles v. Eblen
Kentucky Court of Appeals
436 S.W.2d 504 (1969)
- Written by Sharon Feldman, JD
Facts
W. E. Styles (Styles) (defendant) constructed and maintained uninsulated electrical lines to power water pumps needed for an oil-recovery operation. The pumps attached to the power lines had not been used for two years, but the lines had been left connected and energized. The power lines were susceptible to wind and carried sufficient voltage to cause serious injury to people and animals. It would have taken five minutes to disconnect them. A partially dead tree that fell during a period of high winds knocked down one of the electrical lines, electrocuting hogs owned by Marvin and Wallace Eblen (the Eblens) (plaintiffs). The Eblens sued Styles for the loss of their hogs. The jury found in favor of the Eblens. On appeal, Styles argued that the court should have instructed the jury to find in Styles’s favor because the evidence of negligence in the construction, maintenance, and operation of the power lines was insufficient to raise a jury question.
Rule of Law
Issue
Holding and Reasoning (Osborne, J.)
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