How have courts treated the headnote in cases where a plaintiff was killed by an incandescent lamp socket?
Saskatchewan, Canada
The following excerpt is from Marshall v. Grand Trunk Pacific Railway Company, 1921 CanLII 217 (SK QB):
In Davidson v. Stuart the headnote is as follows: An electrician engaged with defendants as manager of their electric lighting plant, and undertook to put it in proper working order, the defendants placing him in a position to obtain all necessary materials for that purpose. About three months after he had been placed in charge of the works he was killed by coming in contact with an incandescent lamp socket in the power house which had been there during the whole of the time he was in charge, but, at the time of the accident, was apparently insufficiently insulated. Held, that there was no breach of duty on the part of the defendants towards deceased who had undertaken to remedy the very defects that had caused his death and the failure to discover them must be attributed to him.
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