Legal Opinion

Shirey v. Consumers' Gas Co.

Supreme Court of Pennsylvania

Decided May 24, 1906No. Appeal, No. 77PublishedCited by 14 opinions

Appeal, No. 77, Jan. T. 1905, by defendant, from judgment of C. P. Berks Co., Jan. T., 1902, No. 18, on verdict for plaintiff in case of Milton L. Shirey v. The Consumers’ Gas Company. Trespass to recover damages for injuries caused by the explosion of gas. Before Endlich, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $2,296.80. Defendant appealed.

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Appeal, No. 77, Jan. T. 1905, by defendant, from judgment of C. P. Berks Co., Jan. T., 1902, No. 18, on verdict for plaintiff in case of Milton L. Shirey v. The Consumers’ Gas Company. Trespass to recover damages for injuries caused by the explosion of gas. Before Endlich, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $2,296.80. Defendant appealed. Error assigned amongst others was in refusing to enter judgment for defendant non obstante veredicto.

1Opinion of the Court

Opinion by

Mr. Justice Potter,

The appellant here complains of the refusal of the court below to enter judgment for the defendant, non obstante veredicto on the points reserved, and of the refusal to give binding instructions to the jury in favor of the defendant. We think that there was a substantial question of disputed fact in this case which the court could not properly have taken from the jury. It is admitted that defendant’s gas main broke, that gas escaped therefrom, and found its way into the house of the plaintiff, where it exploded and caused damage. There was some evidence on the…

2Cases cited2 opinions

  1. Hartman v. Citizens Natural Gas Co.Supreme Court of Pennsylvania · 1904
  2. Olive Stove Works v. Fort Pitt Gas Co.Supreme Court of Pennsylvania · 1904

3Cited by14 opinions

  1. Northwestern Ohio Natural Gas Co. v. First Congregational ChurchOhio Supreme Court · 1933
  2. King v. Equitable Gas Co.Supreme Court of Pennsylvania · 1932
  3. Fredericks v. Atlantic Refining Co.Supreme Court of Pennsylvania · 1924
  4. Gould v. Winona Gas Co.Supreme Court of Minnesota · 1907
  5. Luengene v. Consumers Light, Heat & Power Co.Supreme Court of Kansas · 1912

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