186 Pa. 161 | Pa. | 1898
Opinion bt
The appellant borough not only complains of the manner in
The evidence bearing on all the disputed questions was quite sufficient to carry the case to the jury. It would have been manifest error to have affirmed defendant’s third point. The fact that the telephone wire had been maintained in the same place for fifteen years without accident was no reason why it should continue there indefinitely without inspection. Directly the opposite conclusion was warranted, but it was for the jury. Taking into view the fact that the telephone wire had been in the same place for fifteen years, in connection with the further facts that the telephone line had been unused and abandoned for several months; that it crossed a charged electric light wire, in close proximity thereto, and, finally, that a few months before the accident, the old telephone wire sagged to such an extent as to interfere with public travel on the streets, and we have a condition of affairs that was at least sufficient to admonish the municipality that more than ordinary care should be exercised in the supervision of the overhead wires in question. When, under such circumstances, the sagging wire is cut by a member of the borough council, and one end wrapped around a post within easy distance of pedestrians on the highway crossing the bridge, with the end resting on the ground or in the water, the defendant has no just reason to complain that the question of its alleged negligence was submitted to the jury. Tire evidence was quite sufficient to justify the latter in finding that the accident which resulted in the sudden death of plaintiff’s son was the natural and probable consequence of the manner in which the telephone wire was fastened to the post.
The only remaining question that requires notice is one presented by the second specification. Defendant contends that while a municipality is invested with police supervision of the wires of corporations occupying its streets, such supervision does not involve pecuniary responsibility, and if an accident happens from a failure to maintain the wires in safe and proper-condition, the corporation owning the wires, and not the municipality, is alone responsible for resulting injuries; and West Chester v. Apple, 35 Pa. 284, is cited as authority for the position. While language used in the opinion in that ease may justify the conclusion sought to be drawn therefrom, it was not
Neither of the specifications of error is sustained.
Judgment affirmed.