Fitzgerald v. Edison Electric Illuminating Co.
Supreme Court of Pennsylvania
Appeal, No. 257, Jan. T., 1902, by defendant, from judgment of C. P. Lancaster Co., Nov. T., 1895, No. 33, on verdict for plaintiff in case of F. M. Will, Administrator of Mary Bertba Fitzgerald, v. Edison Electric Illuminating Company. Trespass for the death of plaintiff’s husband. Before Landis, J. From the record it appeared that on March 21, 1900, plaintiff died and that F. M. Will, her administrator, was substituted as plaintiff in her place.
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Appeal, No. 257, Jan. T., 1902, by defendant, from judgment of C. P. Lancaster Co., Nov. T., 1895, No. 33, on verdict for plaintiff in case of F. M. Will, Administrator of Mary Bertba Fitzgerald, v. Edison Electric Illuminating Company. Trespass for the death of plaintiff’s husband. Before Landis, J. From the record it appeared that on March 21, 1900, plaintiff died and that F. M. Will, her administrator, was substituted as plaintiff in her place. The circumstances of the accident are stated in the previous report of the case in 200 Pa. 540. The court charged in part as follows: The proof…
1Opinion of the Court
Opinion by
Mb. Justice Potteb,
We do not see that this case could properly have been taken from the jury. Its determination turned upon disputed questions of fact. There was evidence tending to show that the defendant company extended its wire across the corner of a building, and so close as to permit of its sagging against the cornice, and that in this way some of the insulating material was worn off, making the wire dangerous. No reason appeared for thus trenching upon private property, as the wire was not *122seemingly used to convey current to those premises. But if it had been used for that…
2Cases cited1 opinion
- Elliott v. Allegheny County Light Co.Supreme Court of Pennsylvania · 1903
3Cited by8 opinions
- Van Beeck v. Sabine Towing Co.Supreme Court of the United States · 1937
- Rank v. Metropolitan Edison Co.Supreme Court of Pennsylvania · 1952
- Milyak v. Philadelphia Rural Transit Co.Supreme Court of Pennsylvania · 1930
- Miller v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1917
- Cameron v. Citizens Traction Co.Supreme Court of Pennsylvania · 1907
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