Yeager v. Edison Electric Co.

Citations

• 242 Pa. 101
• 88 A. 872
• 1913 Pa. LEXIS 844

Syllabus

<p>Negligence — Electric companies — Electric wires — Duty to insulate properly — Contributory negligence — Evidence—Nonsuit.</p> <p>1. The duty of those in control of a deadly electric current to exercise the highest degree of care in protecting electric wires at points where they enter buildings or where it may reasonably be expected that persons in discharge of duty may accidently come in contact 'with, them, is not met by using only such insulation as would be. safe on wireg hanging in the air and out of ordinary reach.</p> <p>2. One who is brought by his employment in close proximity to electric wires which are apparently insulated, is not guilty of contributory negligence in coming in contact with the wires, unless the contact was the result of heedlessness, or of his own lack of proper precautions for his safety.</p> <p>3. In an action against an electric company to recover damages for injuries due to defectively insulated wires, the questions of defendant’s negligence and plaintiff’s contributory negligence are for the jury where it appears that the plaintiff, while painting the outside of a house, accidently came in contact with plaintiff’s apparently insulated electric wires near a point where they entered the house about twenty feet above the ground, and that the insulation material, while such as in ordinary use on wires hanging in the air and out of ordinary reach, did not make the wires safe.</p> <p>4. In such a case it is error to exclude evidence tending to show that the wires were faulty in construction and not properly insulated at the spot where the accident occurred, although the wires were admitted to be insulated with a material in general use.</p>