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Humphrey v. Twin State Gas & Electric Co.

Vermont Supreme Court

139 A. 440 (1927)

Relevant factsFree

After a flood damaged its power line, Twin State Gas & Electric Co. (defendant) ran a temporary replacement line, with the landowner's permission, across a wooded lot; the line sagged and electrified a barbed wire fence. Humphrey (plaintiff), hunting on the lot, touched the fence and was injured, then sued the electric company. The trial court granted a directed verdict for the company, reasoning that since Humphrey was arguably a trespasser on the land, he had no valid claim against anyone for injuries suffered there.

IssueFree

Whether a third party may be held liable for injuries a trespasser suffers on private property, even though the landowner would be immune from the trespasser's claim.

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