242 Pa. 101 | Pa. | 1913
Opinion by
This appeal is from the refusal of the court below to take off a judgment of compulsory nonsuit. The defendant company was charged with negligence in failing to properly insulate its wires, which were heavily charged with electricity. Upon the trial, at the close of plaintiff’s evidence, the court entered judgment of nonsuit upon the ground that the proof did not show that the wires were in improper condition before the accident. Plaintiff has appealed, and complains of the exclusion of evidence tending to show improper insulation at the point where the accident occurred, and he also contends that the questions of negligence by the defendant, and contributory negligence by the plaintiff were for the jury. The evidence shows that the plaintiff at the time was engaged in painting the outside of a small brick building at the reservoir of the City of Lancaster. The wires of the defendant company entered the building in the peak at the rear, some twenty feet from the ground. The plaintiff was standing upon a ladder engaged in painting the end of the building, in the immediate vicinity of the wires. In shifting his position his shoulder came in contact with one of the wires, resulting in his receiving a severe electric shock which caused permanent injury. The wires were covered with some material, and the plaintiff apparently took it for granted that they were safely insulated. The result showed that this was not the case. In his opinion refusing to take off the nonsuit, the trial judge says: “The plaintiff offered to prove by J. H. Shenk, who has
The trial judge erred in excluding testimony offered to show that the wires wrere faulty in construction, and were not properly insulated at the spot where the accident occurred. Such evidence would fairly have raised a question for the jury.
The second, seventh, eighth, ninth and tenth assignments of error are sustained; and the judgment is reversed with a procedendo.