COOLEY V. PUBLIC SERVICE CO.
90 N.H. 460, 10 A.2d 673 (1940)
NATURE OF THE CASE: Cooley (P) sued Public (D) for injuries she suffered when fallen
wires came in contact with telephone wires while she was using the telephone. D appealed the
jury verdict for P.
FACTS: Public Service Co. (D) maintained uninsulated power lines. During a severe storm,
the power line broke and burned through the telephone line. Cooley (P) was on the phone when
the accident occurred. The accident caused a loud noise to come through the phone. The noise
scared her, made her faint, and caused severe physical consequences. P sued for damages, not
claiming negligence, but instead, claiming that the D should have anticipated: 1) that the
wires might fall; 2) that a telephone user would hear a loud noise; or 3) as a result the
phone user would suffer injuries. P claims that as a result, it was D's duty to prevent the
power lines from coming in contact with the phone lines. P continued by suggesting two
things D should have done based on insulated wire mesh nets. The jury found for P. D
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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