Smith v. Harwood Electric Co.

Citations

• 255 Pa. 165
• 99 A. 473
• 1916 Pa. LEXIS 542

Syllabus

<p>Negligence — Electric companies — Broken wires — Contact with iron plate in sidewalk — Pedestrian—Death — Presumption — Contributory negligence — Case for jury.</p> <p>1. Where the death of a pedestrian is occasioned by stepping upon an iron plate in a sidewalk which is charged with electricity by reason of a broken electric wire having fallen across it, the question whether deceased was negligent in stepping upon the plate depends upon whether the danger was apparent to him, and such question is for the jury.</p> <p>2. A person is required to exercise only such care as is usual under similar circumstances among careful spid prudent men of the class to which he belongs. '</p>