James Donovan v. Union Electric Company

PER CURIAM Plaintiff sued defendant for severe burns sustained when a boom truck being operated by plaintiff received an electrical
charge of 7,200 volts from an electrical line owned by defendant. Defendant's motion for a directed verdict at the close of
all the evidence was overruled and the case was submitted to the jury. A mistrial resulted when the jury was unable to agree
upon a verdict. Defendant's after trial motion for judgment in accordance with motion for a directed verdict at the close
of all the evidence was sustained. Judge Bloom in an excellent memorandum opinion analyzed the evidence and explained the
court's reasoning. The motion was sustained because: (1) The evidence failed to establish negligence on part of defendant;
(2) Plaintiff was guilty of contributory negligence as a matter of law. Plaintiff appealed.