Mullen v. Wilkes-Barre Gas & Electric Co.
Superior Court of Pennsylvania
Appeal, No. 52, March T., 1908, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1905, No. 530, on verdict for plaintiff in case of Edmund Mullen, by his father and next friend, Festus Mullen, and said Festus Mullen, each in his own right, v Wilkes-Barre Gas & Electric Company. Trespass to recover damages for personal injuries. Before Lynch, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 52, March T., 1908, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1905, No. 530, on verdict for plaintiff in case of Edmund Mullen, by his father and next friend, Festus Mullen, and said Festus Mullen, each in his own right, v Wilkes-Barre Gas & Electric Company. Trespass to recover damages for personal injuries. Before Lynch, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for Edmund Mullen for $350, and for Festus Mullen for $150. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Head, J.,
The defendant corporation was engaged in furnishing electric light to the borough of Ashley. Its high tension current was carried through the streets by overhead wires strung on poles, *5which, on Main street, were located in or near to the sidewalk. At some little distance from the curb, in the sidewalk along that street, there stood a horse-chestnut tree. It seems to be conceded that the defendant had no property right of any kind in the tree or the premises on which it stood. Two of its wires, however, passed through the upper branches of the tree. The testimony…
2Cases cited5 opinions
- Fitzgerald v. Edison Electric Illuminating Co.Supreme Court of Pennsylvania · 1901
- Daltry v. Media Electric Light, Heat & Power Co.Supreme Court of Pennsylvania · 1904
- Thompson v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1907
- Guilmartin v. PhiladelphiaSupreme Court of Pennsylvania · 1902
- Kreiner v. StraubmüllerSuperior Court of Pennsylvania · 1906
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