Green v. West Penn Railways Co.
Green v. West Penn Railways Co.
Opinion of the Court
Opinion by
In brief the facts of the case are as follows: Two boys, each about nine years of age, while at play in a public street found a spool of fine copper wire at the foot of a telephone pole. In sport they attached a stone to one end of the wire and threw it across the defendant company’s feed wire. This left the other end of the copper wire dangling in the air about three feet from the ground. The boys withdrew and one of them meeting with the boy subsequently injured, who was about the same age, told him of the suspended wire and that he could have it if he wanted it. Thereupon the latter boy proceeded to the place indicated by the other, found the wire so suspended and took hold of it, with the result that he was fearfully burned and crippled for life.
For present purposes let it be conceded that the defendant company, in maintaining and using an uninsulated feed wire at the elevation and under the conditions we have here, came short of exercising that high degree of care which the law in such cases requires. Let it be further conceded, as it must be, that had the feed wire been properly insulated, the accident to the plaintiff would not have occurred. These facts appearing we would then have a case establishing liability on part of the defendant company, except as an independent intervening agency or cause was shown, without which the accident would not have occurred, and for which the de
Judgment affirmed.
Reference
- Full Case Name
- Green v. West Penn Railways Company
- Cited By
- 14 cases
- Status
- Published
- Syllabus
- Negligence — Street railway companies — Electric wires — Infant trespasser — Proximate cause — Nonsuit. 1. While a company employing electricity is bound to the highest degree of care practicable to avoid injury to anyone liable to come, accidently or otherwise, in contact with its charged wires and while it is bound to know that children in their ignorance and playfulness are apt to expose themselves to dangers in connection with electric wires, such as a prudent adult would avoid, and should provide against injury liable to result in consequence of such disposition, it is under no obligation to so safeguard its wires that by no possibility can injury result therefrom. 2. Liability to accident suggests probability, in greater or less degree, and it is against such conditions that a party employing electricity must provide, while possibility of accident, including as it does, everything capable of happening or being done, suggests a measure of care utterly impracticable and which the law therefore does not exact. 3. In an action to recover damages for personal injuries sustained by an infant plaintiff in consequence of taking hold of a copper wire charged with electricity, a nonsuit is properly entered where it appeared that two boys about nine years of age had found in a public street a spool of copper wire, for the presence of which the defendant was not responsible; that they attached a stone to one end of the wire and threw it over defendant company’s uninsulated feed wire, leaving the other end of the wire dangling in the air about three feet from the ground; and that one of the .boys induced plaintiff to take hold of the wire, whereby the acciwent was caused. Mr. Justice Mestrezat dissents.