Kilbride v. Carbon Dioxide & Magnesia Co.
Supreme Court of Pennsylvania
Appeal, No. 194, Jan. T., 1901, by defendant, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1898, No. 831, on verdict for plaintiff in case of Elizabeth Kilbride v. Carbon Dioxide and Magnesia Company. Trespass to recover damages for death of plaintiff’s husband. Before Audenried, J.' The circumstances of the accident are stated at length in the opinion of the Supreme Court. The court refused binding instructions for defendant, and submitted the case to the jury.
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Appeal, No. 194, Jan. T., 1901, by defendant, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1898, No. 831, on verdict for plaintiff in case of Elizabeth Kilbride v. Carbon Dioxide and Magnesia Company. Trespass to recover damages for death of plaintiff’s husband. Before Audenried, J.' The circumstances of the accident are stated at length in the opinion of the Supreme Court. The court refused binding instructions for defendant, and submitted the case to the jury. Verdict and judgment for plaintiff for $¡6,000. Defendant appealed. Error assigned was in submitting the case to the jury.
1Opinion of the Court
Opinion by
Mb. Justice Bbown,
John J. Kilbride, the husband of plaintiff, was an employee of the Pennsylvania Railroad Company, and, on January 24, 1898, died, as is alleged, from injuries inflicted by the explosion of a cylinder charged with carbon dioxide, commonly known as carbonic acid gas. This gas is used for charging soda water and other carbonated waters and drinks. The defendant company is engaged in its manufacture in large quantities, and ships tubes or cylinders charged with it to customers throughout the country. On the day of the alleged explosion it had shipped twenty-five of…
2Cases cited6 opinions
- Losee v. . BuchananNew York Court of Appeals · 1873
- Titus v. Bradford etc. R., Pennsylvania Court of Common Pleas, McKean County1890
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- Iron-Ship Building Works v. NuttallSupreme Court of Pennsylvania · 1888
- Spencer v. CampbellSupreme Court of Pennsylvania · 1845
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3Cited by17 opinions
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- Tobin v. Pennsylvania R. Co.Court of Appeals for the D.C. Circuit · 1938
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- Fox v. Keystone Telephone Co.Supreme Court of Pennsylvania · 1937
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