Edison Electric Light Co. v. McCorkell

Citations

• 161 Pa. 227
• 28 A. 1083
• 1894 Pa. LEXIS 673

Syllabus

<p>Affidavit of defence — Electric light — Imperfect meter.</p> <p>An affidavit of defence to a claim for a designated quantity of electricity at a fixed price per lamp-hour, is sufficient which avers that the measurement of current used was incorrect; that the meter to measure the current was out of order and did not register correctly; that the meter was the property of plaintiffs and under their sole control; that it was removed from the premises by plaintiffs, and that defendant had no opportunity to test by a new and correct meter; that in consequence he could not tell in what sum he was indebted to plaintiffs for electricity actually consumed.</p> <p>The allegations of excessive registry are sufficiently positive to constitute the assertion of a material fact in hostility with the claim; and, that being so, defendant would be entitled to have an opportunity to prove the truth of the facts he asserts before the jury. . . . The affidavit discloses a reasonable excuse for not expressing the amount due. By Mr. Justice Green.</p>