Haertel v. Pennsylvania Light & Power Co.

Citations

• 219 Pa. 640
• 69 A. 282
• 1908 Pa. LEXIS 642

Syllabus

<p>Negligence — Electric light and power company — Live wires — Death-Evidence — Nonsuit.</p> <p>While electric companies are bound to use the highest degree of care practicable to avoid injury to everyone who may be in lawful proximity to their wires, yet the ordinary person is held to know that danger attends contact with electric wires, and it is his duty to avoid them so far as he may. If one heedlessly brings himself in contact with such wire, and is injured in consequence, his imprudence must be regarded as a contributing cause, and will prevent a recovery.</p> <p>In an action against an electric light and power company to recover damages for death, where the only witness to the occurrence testifies that when he observed the deceased from the pavement below, the latter was upon the roof of a building holding by his left hand a wire which was stretched along the wall of an adjoining building and secured against it by brackets, the wire being about breast high from the level of the roof, and the evidence reflects no light as to how or under what circumstances the deceased came in such contact with the wire, a nonsuit is properly entered.</p>