Trout v. Philadelphia Electric Co.
Supreme Court of Pennsylvania
Appeal, No. 162, Jan. T., 1911, by defendant, from judgment of C. P. No. 4, Phila. Co., June T., 1908, No. 6050, on verdict for plaintiff in case of Amos Trout and Martba Trout v. Philadelphia Electric Company. Trespass to recover damages for the death of plaintiff’s son killed at 1315 Brandywine Street, Philadelphia, on August 14,1908. Before Carr, J. The circumstances of the accident are stated in the opinion of the Supreme Court.
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Appeal, No. 162, Jan. T., 1911, by defendant, from judgment of C. P. No. 4, Phila. Co., June T., 1908, No. 6050, on verdict for plaintiff in case of Amos Trout and Martba Trout v. Philadelphia Electric Company. Trespass to recover damages for the death of plaintiff’s son killed at 1315 Brandywine Street, Philadelphia, on August 14,1908. Before Carr, J. The circumstances of the accident are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $1,765.00. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
Harvey Trout, a thirteen-year-old boy, was engaged in detaching a kite from an electric light wire on which it had been caught, when he received a shock which resulted in his death. The wire was stretched upon poles and was swinging at a distance of about four feet six inches from the outside edge of the cornice of a house. The boy went up to the top of his father’s house, through a trap door, and from there over the housetops to another roof some four doors distant, where he lay down on the tin cornice about one foot from the edge. He threw a corn-cob tied…
2Cases cited1 opinion
- Mullen v. Wilkes-Barre Gas & Electric Co.Supreme Court of Pennsylvania · 1910
3Cited by13 opinions
- Sweatman v. Los Angeles Gas & Electric Corp.California Court of Appeal · 1929
- Alabama Power Co. v. CooperSupreme Court of Alabama · 1934
- Jowett v. Pennsylvania Power Co.Supreme Court of Pennsylvania · 1955
- Kedziora v. Washington Water Power Co.Washington Supreme Court · 1937
- Foote v. Scott-New Madrid-Mississippi Electric CooperativeMissouri Court of Appeals · 1962
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