Campbell v. Western Union Telegraph Co.

Supreme Court of Pennsylvania

Campbell v. Western Union Telegraph Co.

17 A.2d 346, 341 Pa. 103, 1941 Pa. LEXIS 388

CourtSupreme Court of Pennsylvania

DecidedDecember 2, 1940

DocketAppeals, 270, 265-269

StatusPublished

Cited by4 cases

This text of 17 A.2d 346 (Campbell v. Western Union Telegraph Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Campbell v. Western Union Telegraph Co., 17 A.2d 346, 341 Pa. 103, 1941 Pa. LEXIS 388 (Pa. 1940).

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Opinion

Per Curiam,

The facts are stated in the opinion of the Superior Court from which these appeals come: 139 Pa. Superior Ct. 553, 12 A. 2d 816.

Appellant complains that its motions for binding instructions and judgment n. o. v. were refused; the charge is not complained of. In the argument in this Court appellant contends that the Superior Court “applied the test of extraordinary care, required of companies maintaining wires carrying a dangerous current, to a telegraph company whose wires do not carry such current and to whom the logic of the rule relating to carriers of dangerous currents is inapplicable.” We do not so understand the decision. The principle applied *105 was simply that “the care to be exercised . . . should be commensurate with the peril inherent in the situation.” Whether that measure of care was exercised may vary with the circumstances.

There was sufficient evidence to be submitted to the jury of constructive notice that the wire sagged over the public road in such way as to interfere with lawful highway travel; failure to remove it was a breach of duty to such travelers.

The judgments are affirmed.

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Per Curiam,

The facts are stated in the opinion of the Superior Court from which these appeals come: 139 Pa. Superior Ct. 553, 12 A. 2d 816.

Appellant complains that its motions for binding instructions and judgment n. o. v. were refused; the charge is not complained of. In the argument in this Court appellant contends that the Superior Court “applied the test of extraordinary care, required of companies maintaining wires carrying a dangerous current, to a telegraph company whose wires do not carry such current and to whom the logic of the rule relating to carriers of dangerous currents is inapplicable.” We do not so understand the decision. The principle applied *105 was simply that “the care to be exercised . . . should be commensurate with the peril inherent in the situation.” Whether that measure of care was exercised may vary with the circumstances.

There was sufficient evidence to be submitted to the jury of constructive notice that the wire sagged over the public road in such way as to interfere with lawful highway travel; failure to remove it was a breach of duty to such travelers.

The judgments are affirmed.

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17 A.2d 346, 341 Pa. 103, 1941 Pa. LEXIS 388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-western-union-telegraph-co-pa-1940.

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