Fisher v. Pennsylvania R. R.

Citations

• 269 Pa. 539
• 112 A. 916
• 1921 Pa. LEXIS 604

Syllabus

<p>Negligence — Railroads — Fall of telephone pole — Evidence — Offer.</p> <p>1. In an action to recover for death of plaintiff’s husband killed by the fall of a telephone pole, alleged to have been improperly installed, which, though standing on defendant’s land, belonged to another corporation, plaintiff cannot recover where she entirely fails to show when the pole was planted.</p> <p>2. A written agreement between the two companies is insufficient to establish such date, where the agreement merely controlled the erection of poles generally at and about the point of the accident, and the agreement was offered in evidence by plaintiff for a different purpose.</p>