MacDougall v. Penna. Power & Light Co.
1933 Pa. LEXIS 557, 311 Pa. 387, 166 A. 589 (1933)
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Rule of Law:
A company handling an inherently dangerous instrumentality, such as high-voltage electricity, is held to the highest degree of care practicable and cannot escape liability for negligence by conforming to industry custom if reason dictates that a practice is obviously dangerous.
Facts:
- MacDougall, a tinner and plumber, was hired to repair a rainspout on a building owned by J. Walter Penman.
- On a rainy day, MacDougall went onto the flat roof of the adjoining Tiddy Building to access the work area.
- Pennsylvania Power & Light Co. maintained a utility pole next to the Tiddy building, with a fuse box on a cross-arm extending 18 to 24 inches above the roof.
- The fuse box, which had no warning signs, was connected to high-tension wires carrying up to 4,000 volts.
- The roof was easily accessible and used by residents for hanging clothes.
- While kneeling on the roof to work, MacDougall raised his head and the back of his ear inadvertently came into contact with the fuse box.
- He received a severe electric shock, was rendered unconscious, fell approximately 25 feet to the street, and sustained a fractured pelvis, burns, and other internal injuries.
Procedural Posture:
- MacDougall sued Pennsylvania Power & Light Co. for negligence in the Court of Common Pleas of Northumberland County.
- A jury trial resulted in a verdict in favor of MacDougall in the amount of $10,455.
- Pennsylvania Power & Light Co. filed post-trial motions for judgment notwithstanding the verdict (n.o.v.) and for a new trial.
- The trial court denied the defendant's motions and entered judgment on the verdict.
- Pennsylvania Power & Light Co. (appellant) appealed the judgment to the Supreme Court of Pennsylvania.
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Issue:
Is an electric company liable for negligence when it places an uninsulated, unlabeled fuse box in close proximity to a roof where a person, lawfully present, might inadvertently come into contact with it?
Opinions:
Majority - Mr. Justice Maxey
Yes. A company that uses a dangerous agent like high-voltage electricity is bound to use the very highest degree of care practicable to avoid injury to anyone who may be lawfully in proximity to its equipment. The defendant company had a duty to place the fuse box, which it knew could become a dangerous conductor, where people would not likely come into contact with it or, if that was impracticable, to conspicuously label it as dangerous. The defendant's knowledge of the danger was evidenced by its own internal rule requiring employees to wear rubber gloves when working near the boxes. The question of whether the defendant exercised the high degree of care required was for the jury. Furthermore, MacDougall could not be found contributorily negligent as a matter of law, as he was lawfully on the roof, the contact was inadvertent, and the box itself appeared innocuous. The defendant's argument that it followed the ordinary usage of the business is not a conclusive test for negligence; vigilance must be commensurate with the danger, and reason must take precedence over usage when a custom is inherently dangerous.
Analysis:
This decision reinforces the heightened standard of care required for entities engaged in activities involving inherently dangerous instrumentalities. It significantly limits the "industry custom" defense, establishing that adherence to common practice is not a shield against liability if that practice is recognizably unsafe to a reasonable person. The ruling empowers juries to determine negligence based on the foreseeability of harm and the magnitude of the danger, rather than just compliance with industry standards. This precedent encourages industries dealing with dangerous materials or forces to proactively innovate and adopt safer methods rather than relying on potentially outdated or unsafe customs.
