Erie Comity Electric Co. v. Mutual Telephone Co.

Citations

• 265 Pa. 181
• 108 A. 524
• 1919 Pa. LEXIS 521

Syllabus

<p>Negligence — Electric companies — Telephone companies — Non-insulated wire — Indemnity—Record of former suit.</p> <p>Where a telephone company and an electric company maintain pole lines along the same side of a street, and the telephone company attaches a wire of the electric company by a bracket to one of its own poles, and thereafter a lineman of the telephone company is killed by coming in contact with the wire which was uninsulated, and his widow recovers damages in a suit against the electric light company, the latter company, having refused to intervene in the damage suit, cannot recover the amount of such damages from the telephone company on the ground of its negligence in attaching the wire to a telephone pole, where the record of the damage suit offered in evidence by the electric company shows that the judgment recovered therein was based on a finding that the electric company had been negligent in permitting the wire to remain uninsulated.</p>