Mark v. Pacific Gas and Electric Co.
Supreme Court of California
496 P.2d 1276 (1972)
After PG&E (defendant) and the city repeatedly ignored complaints that a streetlight outside Mark's apartment was too bright for sleep, Mark's roommates had previously unscrewed the ordinary-looking bulb several times without incident (with PG&E simply replacing it each time and no warning present indicating high voltage); Mark was electrocuted and killed after inadvertently touching an uninsulated wire while attempting to unscrew the bulb again. Mark's next of kin (plaintiffs) sued for wrongful death, and the trial court granted PG&E's motion for nonsuit based on contributory negligence; the plaintiffs appealed.
Whether contributory negligence is established as a matter of law where a plaintiff realizes the danger involved and intentionally and unreasonably exposes himself to the danger.