Fitzgerald v. Edison Electric Illuminating Co.
Supreme Court of Pennsylvania
Appeal, No. 152, Jan. T., 1900, by plaintiff, from order of C. P. Landaster Co., Nov. T., 1895, No. 33, refusing to take off nonsuit in case of Mary Bertha Fitzgerald v. The Edison Electric Illuminating Company. Trepass to recover damages for death of plaintiff’s husband. Before Livingston, P. J. At the trial it appeared that plaintiff’s husband was killed on September 11,1895, by coming in contact with a defectively insulated wire.
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Appeal, No. 152, Jan. T., 1900, by plaintiff, from order of C. P. Landaster Co., Nov. T., 1895, No. 33, refusing to take off nonsuit in case of Mary Bertha Fitzgerald v. The Edison Electric Illuminating Company. Trepass to recover damages for death of plaintiff’s husband. Before Livingston, P. J. At the trial it appeared that plaintiff’s husband was killed on September 11,1895, by coming in contact with a defectively insulated wire. The court entered a compulsorj' nonsuit which it subsequently refused to take off, Livingston, P. J., filing an opinion in which the following facts appeared.:…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
Wires charged with an electric current may be harmless, or • they may be in the highest degree dangerous. The difference in this respect is not apparent to ordinary observation, and the public, therefore, while presumed_to know that danger may be present, are not bound to know its degree in any particular case. The company, however, which uses such a dangerous agent is bound not only to know the extent of the danger, but to use the very highest degree of care practicable to avoid injury to every one who may be lawfully in proximity to its wires and liable to…
2Cases cited1 opinion
- Smith v. East End Electric Light Co.Supreme Court of Pennsylvania · 1901
3Cited by92 opinions
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- MacDougall v. Penna. Power & Light Co.Supreme Court of Pennsylvania · 1933
- Scott v. Pacific Power & Light Co.Washington Supreme Court · 1934
- Hebert v. Lake Charles Ice, Light & Waterworks Co.Supreme Court of Louisiana · 1903
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