Mullen v. Wilkes-Barre Gas & Electric Co.

Citations

• 229 Pa. 54
• 77 A. 1108
• 1910 Pa. LEXIS 552

Syllabus

<p>Negligence — Electric light company — Defectively insulated wire — Infant — Climbing tree.</p> <p>1. A boy of tender years who while at play climbs a chestnut tree standing on the sidewalk of a street, and is injured by coming in contact with a defectively insulated electric wire, is entitled to recover damages for his injuries from the electric light company maintaining the wire, where it appears that the tree stood on premises not belonging to the company; that the defective insulation of the wire in the branches of the tree had continued for a period of from four to six months before the accident; that during this period sparks had been emitted by the contact of wire and branches; and that in pleasant weather the children of the neighborhood were accustomed to assemble about the tree to play, to climb into it in the progress of their sports and games, and, in proper season, to .secure the nuts it bore.</p> <p>2. A company which uses such a dangerous agent, as a wire charged with an electric current, is bound not only to know the extent of the danger, but to use the very highest degree of care practicable, to avoid injury to every one who may be lawfully in' proximity to its wires, and liable to come accidentally or otherwise in contact with them.</p>