O'Donnell v. Bell Telephone Co.
Supreme Court of Pennsylvania
Appeal, No. 92, January T., 1915, by defendant, from judgment of C. P. No. 1, Philadelphia Co., June T., 1912, No. 927, on verdict for plaintiff in case of Edward J. O’Donnell v. The Bell Telephone Company of Pennsylvania. Trespass to recover damages for personal injuries. Before Bregy, P. J. The opinion of the Supreme Court states the case. Verdict for plaintiff for $2,500 and judgment thereon. Defendant appealed.
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Appeal, No. 92, January T., 1915, by defendant, from judgment of C. P. No. 1, Philadelphia Co., June T., 1912, No. 927, on verdict for plaintiff in case of Edward J. O’Donnell v. The Bell Telephone Company of Pennsylvania. Trespass to recover damages for personal injuries. Before Bregy, P. J. The opinion of the Supreme Court states the case. Verdict for plaintiff for $2,500 and judgment thereon. Defendant appealed. Error assigned was in refusing to enter judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Plaintiff, a lineman in the employ of appellant, was injured by the falling of a pole from which he was engaged in removing wires from the cross-arms located near its top. The work was in charge of a foreman of appellant under whom plaintiff was working and from whom he received orders. The testimony shows the pole was decayed at the base, or as some of the witnesses testified “at the top of the pavement” and had been in use for a period of ten or fifteen years, and there is no evidence when, if ever, it had been inspected. Plaintiff had no knowledge of its…
2Cases cited7 opinions
- McIsaac v. Northampton Electric Lighting Co.Massachusetts Supreme Judicial Court · 1898
- Tanner v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1902
- Lord v. Inhabitants of WakefieldMassachusetts Supreme Judicial Court · 1904
- Stewart v. Central RailroadSupreme Court of Pennsylvania · 1912
- Killmeyer v. Forged Steel Wheel Co.Supreme Court of Pennsylvania · 1914
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