Legal Opinion

Chester National Bank v. Southern Pipe Line Co.

Superior Court of Pennsylvania

Decided July 14, 1909No. Appeal, No. 194Published

Appeal, No. 194, Oct. T., 1908, by plaintiff, from judgment of C. P. Del. Co., Sept. T., 1906, No. 164, on verdict for plaintiff in case of Chester National Bank v. Southern Pipe Line Company. Trespass to recover damages for the burning of a mill.

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Appeal, No. 194, Oct. T., 1908, by plaintiff, from judgment of C. P. Del. Co., Sept. T., 1906, No. 164, on verdict for plaintiff in case of Chester National Bank v. Southern Pipe Line Company. Trespass to recover damages for the burning of a mill. Before Johnson, P. J. From the record it appeared that on April 25, 1906, a leak occurred in defendant's pipe line, and that large quantities of oil escaped and flowed over land and water intervening between the pipe line and plaintiff's mill. A crowd assembled, and one of the men, a stranger, struck a match to light a cigar and threw the lighted…

1Opinion of the Court

Opinion by

Head, J.,

The appellant does not contend that the learned trial court improperly admitted or rejected any evidence on the question of the alleged negligence of the defendant; nor that the existence of such negligence should have been declared as a matter of law; nor that, in submitting this question to the jury, any erroneous instructions were given. In so far, therefore, as the plaintiff rested its case on the proposition that the defendant was negligent it is concluded by the -verdict, which establishes there was no negligence either in the construction, maintenance or operation of…

2Cases cited5 opinions

  1. Koelsch v. Philadelphia Co.Supreme Court of Pennsylvania · 1893
  2. Hoag v. Lake Shore & Michigan Southern RailroadSupreme Court of Pennsylvania · 1877
  3. S. S. Pass Ry. Co. v. TrichSupreme Court of Pennsylvania · 1887
  4. Portland Ice Co. v. ConnorSuperior Court of Pennsylvania · 1907
  5. Morford v. Sharpsville BoroughSuperior Court of Pennsylvania · 1905

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