Foster v. Butler County Light Co.

Citations

• 255 Pa. 590
• 100 A. 452
• 1917 Pa. LEXIS 499

Syllabus

<p>Negligence — Master and servant — Electric companies — Contributory negligence — Case for jury — Damages—Death.</p> <p>1. Where in an action to recover damages for the death of plaintiifVhusband it appeared that deceased was engaged in stringing a telephone wire from one side of the street to another, that the wire came in contact with a high tension wire, and that deceased was ordered by his superior to cut the wire with pliers whereby he received the electric shock which caused his death, the case was properly submitted to the jury.</p> <p>2. Where, in such case, defendant offered evidence that the superior of deceased ordered plaintiff to “get up on the wagon and cut the wire” it was competent for the plaintiff to prove that.the wagon was not a place of safety.</p> <p>3. Where an employee was working under the immediate supervision of a superior, who was urging him to exercise haste, he was not required to use the same measure of care as he would have been required to use except for the haste urged by the employer, and the question of the contributory negligence of the deceased was for the jury.</p> <p>4. In an action by a widow to recover damages for the death of her husband, where several witnesses on the part of the plaintiff testified as to the age of the deceased, the expectancy of his life, his occupation, the wages he was receiving at and before the time of the accident, the condition of his health, his habits of life as to industry, and that deceased was living with and keeping his wife and children, there is sufficient to .warrant a verdict for substantial damages, although there may be no proof by direct evidence of the actual amount in money contributed by the husband for /the benefit of his wife and family.</p>