Lynch v. Meyersdale Electric Light, Heat & Power Co.

Citations

• 268 Pa. 337
• 112 A. 58
• 1920 Pa. LEXIS 689

Syllabus

<p>Negligence — Electric light company — Injury to person — Excessive voltage — Perilous current in dwelling house — Bes ipsa loquitur — Trial—Evidence—Striking out — Bequest for charge as to evidence.</p> <p>1. A company soiling electricity, while not an insurer, is required, in tho operation of its plant, to protect its patrons from a perilous current, by doing all that human skill and vigilance can suggest.</p> <p>2. Where a customer of an electric light company, is shocked and killed, while using an incandescent electric light of the ordinary type in his dwelling, the doctrine of res ipsa loquitur applies, to establish a presumption of negligence against the company.</p> <p>3. If there is evidence that the electrical appliances had been installed in the customer’s house and were owned by him, the company cannot complain of a verdict and judgment against itself, where the trial judge instructed the jury that if there were defects in the appliances, which in any manner contributed to the accident, their verdict should be for the company.</p> <p>4. In such case, where the statement charges negligence in the conduct and condition of defendant’s generating system at the power plant, it is proper to permit plaintiff to show that other persons, whose homeg were served through the same transformer that controlled plaintiff’s residence, had been shocked at or about the time of the accident to plaintiff’s husband.</p> <p>5. Under such averments in the statement, it is also admissible for the plaintiff to show that, some hours prior to the accident in controversy, a number of persons were shocked while using ordinary electric lights near plaintiff’s residence, but served through a different transformer.</p> <p>6. While this last item of proof might require other evidence from plaintiff to give it controlling significance, yet if properly admitted in law but proving to be insufficient, defendant should move to strike it out, or ask the court to instruct the jury to disregar