28 Pa. Super. 610 | Pa. Super. Ct. | 1905
Opinion by
A single set of poles erected on the east side of Christian street in the city of Lancaster carried the wires of the Pennsylvania Telephone Co., the defendant, and, fifteen feet below them, the wires of the Lancaster Electric Light, Heat and Power Co. On the afternoon of February 21, 1902, during a severe sleet storm, which had prevailed for the greater part of the day, a wire of the telephone company broke, and fell across a wire of the electric light company, the end lodging in a pool of water in the gutter. There was evidence from which a jury could have found, if the question had been submitted to them, that by reason of its contact with the electric light wire, the telephone wire and the pool of water became heavily charged with electricity, and that in consequence the plaintiff’s horse, when being led through the pool of water to the stable for shelter, received a shock and fell to the ground, where he came in contract with the “ live ” telephone wire, which was lying in the water, and was killed. The fact that the plaintiff’s employee, who was leading the horse, did not receive a shock is explained by his testimony that he had on rubber boots. He also testified that, although he saw
We come then to the question of the defendant’s negligence No evidence was adduced, that the breaking of the telephone wire was due to any defect in the wire itself, or to negligence, either in the original construction, or in the then existing condition, of the line. It is claimed, however, that the maxim res ipsa loquitur applies to the case, and, therefore, no other evidence than that the wire broke and fell to the ground was necessary to make out a prima facie case of negligence in one or more of the particulars above mentioned. There are decisions of courts outside this commonwealth to the effect that these facts, in the absence of explanation raise a presumption of negligence against the company using wires which carry a dangerous electrical current. See Boyd v. Portland General Electric Co., 57 L. R. A. 619; Newark Electric Light and Power Co. v. Ruddy, 62 N. J. L. 505, (41 Atl. Rep. 712); Ruddy v. Newark Electric Light & Power Co., 63 N. J. L. 357, (46 Atl. Rep. 1100); 57 L. R. A. 624; Hebet v. Lake Charles Ice, Light, etc., Co., 64 L. R. A. 101. So also our Supreme Court has held in a very recent case that where a patron of an electric light company, without knowledge that the wires on his premises are charged with a higher voltage than is safe, takes into his hand an electric lamp and is severely shocked and injured, the prima facie presumption is that the company was negligent and the doctrine res ipsa loquitur applies : Alexander v. Nanticoke Light Co., 209 Pa. 571. But in our case, it is to be noticed, there was no contract relation between the plaintiff and the defendant, the telephone wire that broke and fell did not carry a dangerous current, and the explanation of its breaking was brought out in the examina
It is further contended that the defendant was negligent in not maintaining guard wires to prevent the telephone wires, in case of their falling, from coming in contact with the electric light wires. In answer, the defendant’s counsel urges, amongst other things, that the plaintiff’s statement contains no allegation that the telephone wire broke and lodged against the electric light wire in consequence of any negligence on the
The remaining question is, whether there was sufficient evidence of the defendant’s negligence after the wire broke to carry the case to the jury. There is no evidence that the defendant had express notice of the break in the wires at that point prior to the accident, and we cannot agree with the plaintiff’s counsel that the notice that was sent to the electric light company ivas notice to the telephone company. But the plaintiff was not bound to show direct and express notice to the telephone company; it was sufficient for him to show that the dangerous condition had existed for such a period that it ought to have been known to the company, if it had maintained that vigilant oversight, which, in view of the location of its wires with reference to the dangerous electric light wires, it was its imperative duty to exercise. See Turton v. Powelton Electric Co., 185 Pa. 406; Fitzgerald v. Edison Electric Illuminating Co., 200 Pa. 540. But according to the testimony of the plaintiff’s own witnesses, this was “a very stormy day,” there was “ a great deal of sleet and ice ” and “ Avires were breaking doAvn and Avires were falling all over the city.” From the very nature of things time was required for the repairs which this unusual condition made necessary. In view of the admitted facts, a finding that the defendant Avas negligent because it did not learn of and repair this particular break Avithin an hour, or at the most, an hour and a half after it occurred, Avould be unreasonable. We dó not see how the learned judge could have held otherwise without coming in .conflict with the decision in Smith v. East End Electric Light Co., 198 Pa. 19.
Judgment affirmed.