Legal Opinion

Philadelphia Co. v. Central Traction Co.

Supreme Court of Pennsylvania

Decided January 7, 1895No. Appeal, No. 140PublishedCited by 15 opinions

Appeal, No. 140, Oct. T., 1894, by defendants, from judgment of G. P. No. 2, Allegheny Go., April T., 1893, No. 520, on verdict for plaintiff. Trespass to recover money paid by plaintiff for injuries caused by negligence of defendants. Before White, J. At the trial it appeared that in November, 1889, an explosion occurred from gas leaking through a broken pipe of plaintiff company into the cellar of Mary A. Glass. Mrs. Glass’s house was destroyed and a servant injured.

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Appeal, No. 140, Oct. T., 1894, by defendants, from judgment of G. P. No. 2, Allegheny Go., April T., 1893, No. 520, on verdict for plaintiff. Trespass to recover money paid by plaintiff for injuries caused by negligence of defendants. Before White, J. At the trial it appeared that in November, 1889, an explosion occurred from gas leaking through a broken pipe of plaintiff company into the cellar of Mary A. Glass. Mrs. Glass’s house was destroyed and a servant injured. Both Mrs. Glass and her servant brought actions against plaintiff company, and recovered judgments. Appeals were taken in…

1Opinion of the Court

Opinion by

Mb. Justice Mitchell,

The actions by Glass and Eckendorver against the plaintiff company of course charged and proved negligence against it, or there could have been no recovery in them. But it was the negligence of not performing the duty to the public of keeping its pipe lines in proper and safe condition. Whether there was *462an initial negligence of the present defendant out of which plaintiff’s default arose, might or might not have been shown, in the trial of those cases, and may or may not appear in the records, but was not material and could not affect the results of those…

2Cases cited2 opinions

  1. Borough of Brookville v. ArthursSupreme Court of Pennsylvania · 1890
  2. Brookville Borough v. ArthursSupreme Court of Pennsylvania · 1893

3Cited by15 opinions

  1. Builders Supply Co. v. McCabeSupreme Court of Pennsylvania · 1951
  2. Hennigan v. Atlantic Refining CompanyDistrict Court, E.D. Pennsylvania · 1967
  3. Orth v. Consumers Gas Co.Supreme Court of Pennsylvania · 1924
  4. Riff v. Morgan PharmacySupreme Court of Pennsylvania · 1986
  5. Horrabin v. City of Des MoinesSupreme Court of Iowa · 1924

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