Fitzsimmons v. Philadelphia Rapid Transit Co.

Citations

• 56 Pa. Super. 365
• 1914 Pa. Super. LEXIS 93

Syllabus

<p>Negligence — Street railways — Broken electric wire — Case for jury.</p> <p>In an action by a woman against a street railway company to recover damages for personal injuries caused by her being struck on the head by a broken overhead electric trolley feed wire, the case is for the jury where an electrical expert of large practical experience called by the plaintiff, testifies that the wire was in a deteriorated condition, and that its fall had been due to lack of proper repairs, lack of maintenance of worn parts, poor construction at the start, or the burning of the wire by use of trolley wheels that did not make proper contact, and there is no proof on the part of the defendant explaining the break or fall of the wire, or that the wire in question had been recently inspected.</p>