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Lesofski v. Ravalli Co. Elec. Coop.

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eBook details

  • Title: Lesofski v. Ravalli Co. Elec. Coop.
  • Author : Supreme Court of Montana
  • Release Date : January 01, 1968
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

On June 25, 1964, an employee of the respondent while in the course of his employment was electrocuted when a drill rig he was operating came in contact with the appellants power line. The deceased employee, Jacob Lesofski, had been employed by the respondent as a powder man to drill and blast rock in the construction of the highway. During the construction, the appellant utility company was required to relocate its power lines due to the relocation of the highway. At the time of the accident, Lesofski moved his drill rig to a rock outcropping located beneath and to the north of appellants power line. At that time the power line was not energized, but Lesofski was told by one of appellants foremen that the line would soon be re-energized and that he, Lesofski, should stay away from the conductor. At that time Lesofski said he would do so, and he told appellants foreman that - Page 106 the next (and last) hole he had to drill was some distance from and beneath the power line. About an hour after this conversation the power line was re-energized for a short time and it then went off. It was then discovered by one of appellants employees that the top six inches of the drill rig boom, extended vertically, was touching the power line. Lesofskis body was discovered near the compressor, which was operated by the drill rig, and the investigation showed his abdomen had come in contact with the air compressor during the time the line had been energized causing his electrocution. The respondent, John Paola, Inc., a corporation, carried workmens compensation as provided by Title 92, R.C.M. 1947, and fully discharged its obligations to the beneficiaries of the employee.


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