To request a copy of this photo for your own personal use, please contact our state coordinator. If you are not a family member or the original photographer — please refrain from copying or distributing this photo to other websites.
Thank you for visiting the Arkansas Gravestone Photo Project. On this site you can upload gravestone photos, locate ancestors and perform genealogy research. If you have a relative buried in Arkansas, we encourage you to upload a digital image using our Submit a Photo page. Contributing to this genealogy archive helps family historians and genealogy researchers locate their relatives and complete their family tree.
Submitted: 7/3/11 • Approved: 7/6/11 • Last Updated: 9/16/12 • R555563-G0-S3
January 10, 1933 - June 8, 1955
Source: ar.findacase.com
A suit was brought by the appellee, Homer E. McGowan, Administrator of the Estate of Billy E. McGowan, deceased, to recover damages for personal injuries and resulting death of decedent, which was caused by deceased coming in contact with appellant's highpowered electrical transmission line. The trial resulted in a verdict and judgment against appellant for $11,450. This appeal follows.
For reversal, the appellant cites two points (1) the Court should have directed a verdict for appellant, and (2) there was insufficient proof of pecuniary loss to support a verdict.
The record reveals that Billy E. McGowan was temporarily employed by Texas Eastern Transmission Corporation for the purpose of performing general maintenance work for his employer at "Station G" near Kingsland, Arkansas. The mechanical facilities of "Station G" are completely encircled by a fence in the general shape of a rectangle.
The appellant, Arkansas Power and Light Company, owns and maintains a 110,000 volt electrical transmission line which leaves a three pole structure south of the above described enclosure, passes over the western side of the enclosure in a northerly direction to a three pole structure situated inside said enclosure where the transmission line terminates and from which termination point current is fed into a Texas Eastern electrical sub-station. The sole purpose of this transmission line is to serve "Station 6."
Near the southwest corner of the enclosure there is situated a boilerhouse, belonging to Texas Eastern, which is about 18 by 40 feet in size, running parallel with and located east of the transmission line at a point about midway along the span of the line. A smokestack extends upward from the west side of the roof of the [227 Ark Page 57] boilerhouse, the top of the stack being over 35 feet above the ground. ground. The transmission line is 31 feet above the Three guy wires support the smokestack, two of said guy wires being anchored in concrete to the ground, the anchors being in a line approximately parallel with and alongside the west side of the boilerhouse.
On June 8, 1955, Billy E. McGowan and three of his fellow employees were painting the smokestack on the boilerhouse. They painted the north side of the smokestack by placing an aluminum extension ladder, consisting of two 20 foot sections, which had been extended to the desired length against a point on the north side of the stack. Thereafter, McGowan and two of the employees who were situated on the ground, the fourth employee being on the roof of the building, discussed the manner in which to move the ladder to the west side of the building. They pulled the ladder away from the smokestack and boilerhouse without reducing its length; carried it around to the west side of the building, placed the foot of the ladder on the ground and proceeded to raise the ladder to lean it against the west side of the smokestack. One man held the ladder, two other men pushed the ladder up from the ground, and the fourth man, on the roof, pulled on a rope fastened to the ladder.
As the ladder reached or approached an upright position it came near enough to the transmission line to become charged with electricity so as to become a conductor, resulting in an electrical shock to Billy McGowan and his fellow employees. Billy McGowan died as a result of this electrical shock.
Photo provided by Debbra Szymanski Debbraszymanski@att.net
Contributed on 7/3/11 by bap
Email This Contributor
Suggest a Correction
Record #: 555563