Vogel v. McAuliffe

1. We do not think the plaintiff misconceived his form of action. The declara tion does not allege nor does the proof show that the defendant’s servants wrongfully entered the plaintiff’s premises, that is, that they committed any trespass in so doing, hut on the other hand the proof shows that they entered with the implied permission of the plaintiff, he having been present at the time and having asked them as to their purpose ; and upon being informed that they were there to repair his furnace so as to prevent the gas from escaping therefrom into the tenement of one Page who lived in the…