Braun v. . Buffalo General Electric Co.
200 N.Y. 484, 94 N.E. 206, 1911 N.Y. LEXIS 1431 (1911)
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Rule of Law:
An electric company maintaining high-voltage wires over private property in a developed urban area has a duty to exercise reasonable care and foresight to keep its wires properly insulated. This duty includes anticipating that a vacant lot may be developed in the future, which would bring people lawfully on the premises into proximity with the dangerous wires.
Facts:
- Around 1888, an electric company strung two high-voltage electric wires diagonally across a lot in a thickly populated section of Buffalo, New York.
- The wires, carrying between 2,000 and 3,000 volts, ran about 25 feet above the ground.
- The wires had not been inspected or repaired for many years, and their insulation, which was only effective for about three years, had become defective and ragged.
- The wires were similar in appearance to harmless telephone wires, with no markings to indicate their danger or ownership.
- Years after the wires were installed, the property owner began constructing a two-story apartment building on the lot directly underneath the wires.
- A carpenter, plaintiff's intestate, was working on the building's joists, which placed him approximately 4.5 feet below the high-voltage wires.
- While moving about the joists in the course of his work, the carpenter came into contact with the two defectively insulated wires and was electrocuted.
Procedural Posture:
- The administrator of the deceased's estate sued the electric company in a New York trial court.
- The trial court dismissed the plaintiff's claim, finding no legal responsibility on the part of the electric company.
- The plaintiff appealed to an intermediate appellate court, which unanimously affirmed the trial court's judgment for the defendant.
- The plaintiff, as appellant, then brought the case before the Court of Appeals of New York, the state's highest court.
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Issue:
Does an electric company have a duty to reasonably anticipate that a vacant lot in a developed urban area will be built upon and to maintain its high-voltage wires in a safe condition for individuals who may lawfully come into proximity with them during construction?
Opinions:
Majority - Hiscock, J.
Yes. An electric company has a duty to reasonably anticipate future construction on a vacant urban lot and must exercise reasonable care to maintain its wires in a safe condition for those lawfully on the premises. The fundamental principle is that a company using a dangerous instrumentality like high-voltage electricity is obligated to exercise care to keep its wires safe for anyone who may lawfully come in close proximity to them. Given that the vacant lot was in a thickly built-up section of a large city, it was reasonably foreseeable that the lot would be developed, not that it would remain an exception to the development in the surrounding neighborhood. The company was chargeable with notice of the gradual changes in the locality and should have anticipated that building operations would bring people near its wires. Therefore, the question of the company's negligence was a matter for a jury to decide, not for the court to dismiss as a matter of law.
Analysis:
This decision establishes a significant duty of foresight for utility companies, extending their standard of care beyond existing conditions to include reasonably foreseeable future land development. It rejects the argument that the cost of maintenance can excuse a company from its affirmative duty to inspect and repair dangerous wires. By shifting the question of foreseeability to the jury, the court makes it more difficult for utilities to obtain summary judgment in cases where their equipment injures individuals on property that has been developed after the equipment was installed. This precedent places an ongoing burden on companies to remain aware of neighborhood changes and proactively ensure the safety of their infrastructure.
