Lasher v. Fahnestock Printing Co.

Citations

• 221 Pa. 49
• 69 A. 1118
• 1908 Pa. LEXIS 430

Syllabus

<p>Landlord and tenant — Contract—Excessive use of electricity — Failure of plaintiff to prove quantity used — Nonsuit.</p> <p>In an action by a landlord, against his tenant to recover for an excessive use of electricity over a supply to the extent of five horse power to which the tenant was entitled under his lease, a nonsuit is properly entered where it appears that it was impossible for the jury to estimate what horse power had been used because the meter from which the readings had been taken was one which did not register horse power, but which registered something else. The burden of proof in such a-case is on the plaintiff to show the extent of the excess.</p>