Hartenstine v. United Telephone & Telegraph Co.

Citations

• 219 Pa. 95
• 67 A. 989
• 1907 Pa. LEXIS 610

Syllabus

<p>Negligence — Electric law — Telephone and telegraph companies — Master and servant — Fellow servant.</p> <p>In an action against a telephone and telegraph company to recover damages for death of plaintiff’s husband, a judgment for defendant will be sustained where the evidence shows that the deceased at the ’ time of his death was employed by the defendant in stringing wires, that his death was caused by a wire which he was stringing coming in contact with a heavily charged wire of an electric light company, and that the accident was caused either by the negligence of follow workmen in manipulating the wire with a rope supplied by the defendant which was apparently long enough for the purpose, or by the failure of the foreman of the gang to take from the defendant’s supply store, where a sufficient supply of rope was kept, an amount thereof sufficient for the work in hand.</p> <p>Prescott v. Ball Engine Co., 176 Pa. 459, followed.</p> <p>Negligence — Electric law — Telephone and telegraph companies — Rubber gloves — Failure to provide.</p> <p>The failure of a telephone and telegraph company to supply rubber gloves to an employee cannot be set up as negligence upon its part where it appears that the proximate cause of the employee’s death was the negligence of a fellow servant.</p>