Berstein v. Philadelphia Electric Co.

Citations

• 235 Pa. 53
• 83 A. 612
• 1912 Pa. LEXIS 498

Syllabus

<p>Negligence — Electric light companies — Live wire — Constructive notice — Evidence—Case for jury.</p> <p>In an action against an electric light company to recover damages for personal injuries sustained by the plaintiff from an electric shock while he was shoveling coal in his cellar, the case is for the jury on the question of defendant’s constructive notice, where there is evidence that an electric wire had broken and was hanging from the fuse bos with the broken end imbedded in a pile of coal from which the plaintiff was shoveling at the time he was injured; that the coal had been stored about a month before the accident and had been gradually lessened in quantity by use; that the wire emitted sparks through the coal, and was in a rusty condition, and that although electricity was not used in the house by the plaintiff, the disconnection had not been made outside the cellar which could have easily been done.</p>