Haertel v. Pennsylvania Light & Power Co.
Supreme Court of Pennsylvania
Appeal, No. 188, Oct. T., 1907, by plaintiff, from, order of C. P. No. 3, Allegheny Co., May T., 1905, No. 126, refusing to take off nonsuit in case of Martha Haertel et al., by their Guardian, the Mercantile Trust Company of Pittsburg, v. Pennsylvania Light & Power Company. Trespass to recover damages for death of plaintiff’s father.
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Appeal, No. 188, Oct. T., 1907, by plaintiff, from, order of C. P. No. 3, Allegheny Co., May T., 1905, No. 126, refusing to take off nonsuit in case of Martha Haertel et al., by their Guardian, the Mercantile Trust Company of Pittsburg, v. Pennsylvania Light & Power Company. Trespass to recover damages for death of plaintiff’s father. At the trial it appeared that on July 9, 1904, Theodore Haertel, a tin and slate roofing contractor, went upon the roof of a building which he was constructing and came in contact with an imperfectly insulated electric wire of the defendant company, and was…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
There can be no question as to what caused the death of *642Theodore Haertel, the father of plaintiff’s wards ; it resulted from contact with one of defendant company’s wires carrying a high voltage and imperfectly insulated. It may be conceded that the evidence for the plaintiff established a prima facie case of negligence on the part of defendant in allowing the wire to be in that condition. It may further be conceded that Haertel was rightfully where he was when the accident occurred. But because of the peculiar facts developed on the trial of the case, more than…
2Cases cited1 opinion
- Waters v. WingSupreme Court of Pennsylvania · 1868
3Cited by23 opinions
- Hetrick v. Marion-Reserve Power Co.Ohio Supreme Court · 1943
- Rank v. Metropolitan Edison Co.Supreme Court of Pennsylvania · 1952
- Ridgeway v. Sayre Electric Co.Supreme Court of Pennsylvania · 1917
- Jowett v. Pennsylvania Power Co.Supreme Court of Pennsylvania · 1955
- Bowser v. Citizens Light, Heat & Power Co.Supreme Court of Pennsylvania · 1920
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