This section contains the nature of the case and procedural background.

It was known for boys to climb up to and upon the horizontal girders of a public bridge. D maintained electrical wires on the structure of the bridge. There was no danger to those using the bridge normally, but there would be danger to the known trespassing children. Their danger only came about from climbing upon the upper framework of the bridge. The decedent was a fourteen-year-old boy and was on top of one of the girders when he lost his balance and grabbed an electrical wire to save himself from falling. He was electrocuted. D moved for a directed verdict, and it was denied. The jury could not reach a verdict, and the trial judge transferred the case to the Supreme Court of New Hampshire. D excepted based on the denial of a directed verdict in that the boy would have fallen to his death even without being electrocuted.

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