Griesemer v. Suburban Electric Co.

Citations

• 224 Pa. 328
• 73 A. 340
• 1909 Pa. LEXIS 788

Syllabus

<p>Negligence — Electric light company — Contributory negligence.</p> <p>1. Where the defendant in an accident case presents in the same point for charge the question of the defendant’s negligence as the proximate cause of the injury, and also the question of plaintiff’s contributory negligence, and the proofs are such that the latter question must be submitted to the jury, there is no error in the trial judge in refusing the point.</p> <p>2. Where a man employed by a street railway company to erect trolley poles works on a public highway thirty feet under an electric light company’s .wires whose insulation had worn off according to the plaintiff’s proofs, and .one of the trolley poles is accidentally brought in contact with the wire, and the workman is called upon to act in an emergency suddenly arising, and without time for reflection, and receives an electric shock, he cannot be charged as a matter of law with contributory negligence in not protecting himself by the use of rubber gloves with which he had been provided by his employer. ■.</p>