Phillips v. Erie County Electric Co.

Citations

• 249 Pa. 445
• 94 A. 1070
• 1915 Pa. LEXIS 741

Syllabus

<p>Negligence—Amendment to statement — Electricity — Uninsulated wire—Contributory negligence.</p> <p>1. In an action to recover damages for death of plaintiff’s husband caused by the negligence of the defendant electric company' in the construction and maintenance of a system of electric wires on Sassafras street between. 21st and 23d streets in the City of Erie, the statement laid the place of the accident at 21st and Sassafras streets. An amendment to the statement of claim was allowed after the running of the statute of limitations by which 22d and Sassafras streets was made the place where the accident occurred. Held, that the amendment did not substitute a new party or change the cause of action and was properly allowed.</p> <p>2. In an action to recover damages for the death of plaintiff’s husband, it appeared that deceased was a lineman of a telephone company and that while ascending a telephone pole he came in contact with an uninsulated wire, whereby he reeived a shock and fell to the ground and was killed. There was evidence of negligence on the part of the defendant company in not having the wire properly insulated or constructed. Held, that the question of negligence on the part of the defendant company and the contributory negligence on the part of deceased were properly submitted to the jury and a verdict for the plaintiff was sustained.</p>