Milton Weaving Co. v. Northumberland County Gas & Electric Co.

Citations

• 251 Pa. 79
• 96 A. 135
• 1915 Pa. LEXIS 638

Syllabus

<p>Electric companies — Wire maintained by consumer — Defective insulation — Eire—Liability of electric company to consumer — Evidence — Bes ipsa loquitur.</p> <p>1. An electric company is not bound to inspect electric appliances owned and maintained by its customers, nor is it liable to its customers for injuries or damages caused by reason of defects therein.</p> <p>2. Where an injury results from the defective insulation of electric wires installed upon private property, partly under the control of the property owner, and partly under that of the electric company, the burden is upon the property owner who seeks to charge the electric company with the loss, to prove negligence, and the doctrine of res ipsa loquitur does not apply.</p> <p>3. Where in an action against an electric company to recover damages for the destruction of plaintiff’s mill by fire resulting from the defective insulation of service wires at a point where they passed through the outer wall of plaintiff’s building, a witness testifying for defendant stated that when in plaintiff’s employ he had installed the service wire in the building, and the testimony of two other witnesses who were acquainted with the facts showed that defendant had not installed the wire, and the only witness for plaintiff to contradict such statements was a bookkeeper whose testimony showed that he had no direct knowledge as to who installed the wire, but only inferred that it was installed by defendant from entries in his books, the court did not err in directing a verdict for the defendant on the ground that such testimony was too indefinite and unreliable to be submitted to the jury.</p> <p>4. In such case, evidence of a custom regarding the construction of service wires and the installation thereof by electric companies, was properly excluded, to admit proof of such custom would have taken from the parties the right to regulate their business dealings and relations as they might see fit and would, in effect, limit the