Walsh v. Pittsburg Railways Co.

Citations

• 221 Pa. 463
• 70 A. 826
• 1908 Pa. LEXIS 514

Syllabus

<p>Negligence — Electric power company — Defective cable — Infant—Trespasser — Case for jury.</p> <p>There is a duty to a trespasser not to injure him intentionally or wantonly by any act to expose him to danger.</p> <p>In an action by a girl nearly nine years old against an electric power company to recover damages for personal injuries, it appeared that the plaintiff went upon a lot owned by the defendant on which was an electric power house which operated a wire cable on a railroad track constructed over the lot. At the time of the accident plaintiff was standing on the track near the cable. While she was standing there, an employee of the defendant passed along very close to her, entered the power house, and in a few seconds the machinery was put in motion and the cable started. As it moved it was raised a foot or two from the ground. It was worn and frayed, and at places loose ends of wire stuck out. It caught the plaintiff's dress, and she was injured thereby. The lot where the accident occurred was at times used by children who lived in the neighborhood as a playground, and plaintiff was attracted to the spot where she was injured, by a fight in which some boys were engaged. Held, that the case was for the jury and that a verdict and judgment for plaintiff should be sustained.</p>