Grossheim v. Pittsburgh & Allegheny Telephone Co.
Grossheim v. Pittsburgh & Allegheny Telephone Co.
Opinion of the Court
Opinion by
Plaintiff, a boy eight years of age, together with his father, sues to recover for injury to the former by coming-in contact with a highly charged broken telephone wire of defendant company. Defendant owns and operates a telephone system extending through several counties in Western Pennsylvania with an exchange in New Kensington, Westmoreland County, with which lines are connected extending- through the Town of Arnold, the place in which plaintiffs reside, thence across the Allegheny river into and through the Borough of Natrona to the works of the Allegheny Steel Company, in the Town of Brackenridge. The wire connecting with the works of the steel company crossed the trolley line of the West Penn Traction Company in Natrona, at which point it was insulated and strung six or eight feet above the trolley company’s high voltage wire. During the afternoon of Sunday; August 9, 1914, the locality was visited by quite a severe storm accompanied by lightning and
The contributory negligence of the boy it is conceded was for the jury and the sole question for consideration here is whether defendant was negligent in failing to make an inspection of its line within siich reasonable time after the storm as the circumstances of the case required. In considering this question plaintiffs are entitled to the benefit of every inference fairly deducible from the testimony submitted in their favor.
Plaintiffs’ evidence shows the storm occurred between three and five o’clock in the afternoon and that the broken wire was seen hanging across the trolley wire at about that time. After the storm passed the weather
Although defendant’s wires did not carry an electric current of sufficiently high voltage to be dangerous they were frequently broken during electric storms and for the purpose of discovering such breaks tests of the lines are made immediately following each storm. Defendant w;as bound to know the danger likely to result from broken wires at places where they might come in contact with other wires carrying a high voltage and it was bound to take such precaution as was reasonably necessary to protect the public from danger from its lines. The wire of defendant was not dangerous in itself but only became so when strung closely to highly charged wires with which it might come in contact in stormy weather or from other causes. As was said by this court in Herron v. Pittsburgh, 204 Pa. 509, 513, “The fact of the break, therefore, was notice that it might become
Judgment is affirmed.
Reference
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- Syllabus
- Negligence — Telephone companies — Brolcen wire — Notice-^-Injury to pedestrian — Contributory negligence — Case for jury. 1. A telephone company is entitled to reasonable time and opportunity to discover and repair defective wires; what is a reasonable time must necessarily vary with the circumstances of each case. 2. The fact of the break of a telephone wire, although it does not carry electric current of sufficiently high voltage to be dangerous unless it comes in contact with other wires, is notice that it might become dangerous and imposes the duty of examination, and whether such duty had properly been met under all the circumstances, the lapse of time, the condition and population of the neighborhood, the urgency of the possible danger, etc., are questions for .the jury. 3. A person injured as a result of coming in contact with such wires is entitled to the benefit of every inference fairly deducible from the testimony submitted in his favor. 4. In an action against a telephone company to recover damages for personal injuries sustained as a result of the plaintiff, an eight-year-old boy, coming in contact with a fallen wire, heavily charged with electricity, the case was for the jury and a verdict and judgment for plaintiff will be sustained where it appeared that a storm occurred between three and five o’clock in the afternoon, causing the wire in question, which was of small voltage, to break, and fall over a trolley wire of high voltage; that the remainder of the evening was clear; that it was the custom of defendant to test all wires immediately after a storm; that other wires on defendant’s system were tested immediately after the storm in question, but such wire, was not tested until the following morning when plaintiff was injured ; and that had the wire been tested the break could have been discovered.