Williams v. Metropolitan Edison Co.

Citations

• 267 Pa. 158
• 110 A. 92
• 1920 Pa. LEXIS 829

Syllabus

<p>Negligence — Burden of proof — Proximate cause — Electric wires —Contact with live wire — Notice—Warning—Contributory negligence — Presumption of care — Rebuttal.</p> <p>1. The burden is on plaintiff not only to show negligence on the part of defendant but to connect the negligence with the injury as its proximate cause.</p> <p>2. Where the immediate manner and circumstances of a party’s death are not shown by the evidence, plaintiff is entitled to the presumption attributing to plaintiff’s decedent the exercise of due care.</p> <p>3. This presumption, however, may be overcome by conceded facts, and the presumption has no place where the proven facts conclusively negative what the presumption would supply.</p> <p>4. In an action against an electric company to recover damages for the death of plaintiff’s husband caused by contact with an uninsulated wire, judgment for defendant n. o. v. is properly entered because of decedent’s contributory negligence, where the evidence shows that, at the time of the accident, deceased was engaged to paint a tower to which were attached three of defendant’s uninsulated wires carrying a high voltage; that deceased was warned of the danger of the wires; that he was promised the current would be turned off, and he would be notified when it was; that he was further ordered to keep away from the wires until he received this notice; but, notwithstanding this warning, and without waiting for the notice that the current had been turned off, he swung his scaffold in such a way that one of the wires was but six inches above his head; and, while it was not shown how he came in contact with the wire, it did appear that the thumb and index finger of his right hand were burned to a crisp.</p> <p>5. Decedent’s act in placing the scaffold and himself within reach of a manifest danger, in face of his own knowledge, his warning, and his order to keep out of the way, was an act of contributory negligence which proximately caused the accident.</p>