Hess v. Philadelphia Transportation Co.

• Decision Date: 05 January 1948
• Docket Number: 2677
• Citation: 56 A.2d 89,358 Pa. 144
• Parties: Hess v. Philadelphia Transportation Company, Appellant
• Court: Pennsylvania Supreme Court

56 A.2d 89

358 Pa. 144

Hess v. Philadelphia Transportation Company, Appellant

No. 2677

Supreme Court of Pennsylvania

January 5, 1948

Argued December 5, 1947

Appeal, No. 154, Jan. T., 1947, from judgment of C.P. No. 1 Phila. Co., June T., 1946, No. 3113, in case of William H Hess v. Philadelphia Transportation Company. Judgment affirmed.

Trespass for personal injuries. Before SLOANE, J.

Verdict for plaintiff in the sum of $5000 and judgment entered thereon. Defendant appealed.

The judgment is affirmed.

Philip Price, with him Bernard J. O'Connell, for appellant.

Daniel G. Murphy, for appellee.

Before MAXEY, C.J., LINN, STERN, PATTERSON and JONES, JJ. .

OPINION

MR CHIEF JUSTICE MAXEY

Plaintiff, William H. Hess, while driving to work on October 3, 1944 stopped at 29th Street and Girard Avenue, Philadelphia for a traffic light. While the car was halted, defendant's overhead loose trolley wire, carrying a current of 600 volts, came in contact with plaintiff's car. As a result, plaintiff, according to his testimony, "was lifted up out of the seat of the car" and "hit the steering wheel". "I just sensed something was wrong, the car felt hot.... I seen a lot of blue around, blinding blue, and I couldn't see parts of the car for about a second while I was held up in the air. Then I could hardly breathe. When I sat down I realized there was something wrong with the car, it was hot, and I took my coat part like this somehow (hold the tail of the coat in hand), and I undone the door, and I stepped out, and when I stepped out I froze like a statue... it felt like something went up my back and hit me in the top of the head; that's all I can tell you." The electric shock thus received caused plaintiff to suffer contusions, abrasions, psychoneurosis and impotence. For these injuries plaintiff sought to recover damages in a suit against defendant in which the latter was charged with negligence in its control and management of the trolley wire. A verdict for $5,000. was recovered by plaintiff and final judgment was entered thereon. Defendant filed motions for judgment n.o.v. and a new trial. Both motions were denied and this appeal followed.

Immediately after the occurrence described and while still in a dazed condition, Hess entered a restaurant and phoned the police. He afterwards drove to the Bendix plant where he was employed as a machinist. He became ill shortly after his arrival and went to the plant dispensary. While there he fainted. After regaining consciousness and assuring the attending personnel that he felt physically capable, he drove home and went to bed. He remained at home under the care of his family physician, Dr. Bernstein, for three days.

Upon returning to work, Hess discovered that his mental and physical condition prevented him from satisfactorily discharging his regular duties. He thereupon transferred to the shipping room at a reduction in wages. Because he "couldn't stand the noises in the shop from the time that it [the accident] happened", he resigned and sought employment elsewhere. Plaintiff testified: "I just wanted always to run out through a window or through a door when any noises was around me. I couldn't stand the noise and I can't stand it to this day.' The neurosis which plaintiff developed as a result of the accident, forced him to undertake intermittent and irregular employment at a gradual but marked impairment in earnings. Plaintiff complained of constant "headaches" and stated that he couldn't reach over and pick things up off the floor without getting a headache. He experienced "blind spots" and gave up his work because eventually the noises "got on his nerves".

Dr. Bernstein, plaintiff's family physician, testified that he found no physical evidence of injury; that plaintiff had no organic injuries but apparently was suffering from a mental neurosis which made him believe many things were wrong with him. Dr. Bernstein referred Hess to a specialist for further diagnosis. Dr. Drayton, a neuropsychiatrist, examined plaintiff on December 10, 1945 and likewise discovered no signs of physical injury. He diagnosed plaintiff's condition as "intense psychoneurosis". Dr. Drayton conceded the genuineness of Hess' mental state and attributed it to a "terrible fright" emerging probably from the realization that "he was lucky to be alive". The reaction, in his opinion, was "real and genuine". He was uncertain as to whether or not plaintiff would recover from his condition but suggested psychoanalysis or narcophypnosis as a possible treatment.

The reality of plaintiff's injuries was disputed by the expert testimony of defense witnesses, C. T. Pierce electrical engineer for Westinghouse Electric Corp., and C. D. Fawcett, Professor of Electrical Engineering at the University of Pennsylvania and a consulting engineer. They, in attempting to controvert plaintiff's claims, stated it was scientifically impossible for an accident such as that described by plaintiff to occur, and that a person inside an automobile is insulated against shock from lightning or any other electrical manifestation since the electrical current in such instances will encircle the car through its outside metal and will pass into...