Morgan v. Westmoreland Electric Co.
Supreme Court of Pennsylvania
Appeal, No. 5, Oct. T., 1905, by defendant, from judgment of C. P. Westmoreland Co., Feb. T., 1904, No. 366, on verdict for plaintiff in case of Elizabeth Morgan v. Westmoreland Electric Company. Trespass to recover damages for death of plaintiff’s son. Before McConnell, J. At the trial it appeared that the plaintiff’s son, William G. Morgan, met his death on September 16,1903, while inspecting telephone wires for his employer, the Westmoreland Telephone Company.
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Appeal, No. 5, Oct. T., 1905, by defendant, from judgment of C. P. Westmoreland Co., Feb. T., 1904, No. 366, on verdict for plaintiff in case of Elizabeth Morgan v. Westmoreland Electric Company. Trespass to recover damages for death of plaintiff’s son. Before McConnell, J. At the trial it appeared that the plaintiff’s son, William G. Morgan, met his death on September 16,1903, while inspecting telephone wires for his employer, the Westmoreland Telephone Company. The circumstances connected with the accident are stated in the opinion of the Supreme Court. The court charged in part as follows…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
Three questions are presented by the specifications of error: 1. Did the issue raised by the pleadings include the subject of the original construction of the appellant’s lines of electric *155light wires? 2. Was there sufficient evidence of constructive notice of defective insulation to sustain a recovery on the ground of failure to maintain the wires in a safe condition ? 3. Did the .evidence warrant the conclusion that defective insulation of one of the wires was the proximate cause of the accident ?
It is averred in the declaration that the appellant owned,…
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