Fedorawicz v. Citizens' Electric Illuminating Co.

Citations

• 246 Pa. 141
• 92 A. 124
• 1914 Pa. LEXIS 484

Syllabus

<p>Practice, Supreme Court — Appeals—Assignments of error— Rule 26 — Defective assignments.</p> <p>,1. An assignment of error raising three distinct question's is in disregard of Rule 26 of the Supreme Court, which provides that if any specification embraces any more .than one distinct question, it should he considered a waiver of all the errors so alleged.</p> <p>Negligence — Electric companies — Wires—Responsibility—Case for jury — Infants—Damages—Instructions to jury — Evidence— Conflicting testimony.</p> <p>2. Notwithstanding that the ownership of an electric wire may he in another, the person furnishing the electricity with which the wire is charged, must be considered as in possession of and as using the wire, and such person is responsible for any injury resulting from the failure to inspect and keep it in proper condition.</p> <p>3. In an action against an electric company to recover damages for personal injuries sustained by plaintiff, a child of tender years, in consequence of coming in contact in the highway with a broken wire charged with electricity, the question of defendant’s negligence is for the jury, and a verdict for the plaintiff will he sustained where it appeared that the line of wire in which the break occurred had been constructed for and at the expense of another company, to which the defendant furnished power, and that the broken* wire had been allowed to remain in the highway for some time previous to the, accident.</p> <p>4. In such case it is immaterial that a contract existed between the defendant and the company to which power was furnished over the wire in question, to maintain and safeguard the wire at the latter’s cost, and that all that was required of defendant was to furnish for a stipulated consideration the necessary electric power; and defendant’s rights are sufficiently safeguarded by. the admission of evidence offered to show the degree of vigilance exercised by the other company to safeguard the line.</p> <p>5. In such case