Derrick v. Harwood Electric Co.

Citations

• 268 Pa. 136
• 111 A. 48
• 1920 Pa. LEXIS 641

Syllabus

<p>Negligence — Electric company — Fire caused by excessive current ■ — Declarations of employee — Evidence — Pleading — Bes ipsa loquitur.</p> <p>1. In an action against an electric company to recover damages for the burning of plaintiff’s building, alleged to have been caused by an excessive current, where there is evidence that fuses had frequently been burned out and been replaced by defendant, declarations made by one of defendant’s employees, after replacing a fuse shortly before the fire, to the effect that he had put in ,a heavier fuse, which would stop blow-outs, are admissible as explanatory of his work.</p> <p>2. In such case, where it appears that the apparatus within the transformer is submerged in oil, testimony of one of defendant’s employees that the day after the fire, when at or near the transformer in question, he detected the odor of burning oil, but was not certain that it came from the transformer, is for the jury, inasmuch as it would indicate excessive heat at the point in question, and thus might tend to support plaintifE’s contention that the transformer had broken down, thereby causing a high voltage current to enter the building and cause the fire.</p> <p>3. If plaintiffs assert that their property was destroyed by reason of an excessive current, they cannot recover, if the proof shows that it was destroyed by a low current, for the burden is on them to show, not only that the fue was caused by electricity, but that it was caused by a high voltage current.</p> <p>4. While an electric company is not an insurer, yet, when its customer is injured by an excessive current of electricity entering liis premises on the company’s wires, the burden is on the company to oner such explanation as will relieve it of responsibility. Under such circumstances, the doctrine of res ipsa loquitur applies.</p> <p>Evidence — Experts—Hypothetical question.</p> <p>5. Where there is no objection made to a hypothetical question propounded to an expert witness, the