Miller v. Wilkes-Barre Gas Co.
Supreme Court of Pennsylvania
Appeal, No. 83, Jan. T., 1903, by-defendant, from judgment of C. P. Luzerne Co., Dec. T., 1897, No. 552, on verdict for plaintiff in ease of Willian H. Miller v. Wilkes-Barre Gas Company. Trespass to recover damages for refusing to supply plaintiff witb gas. Before Wheaton, J. The facts appear by the opinion of the Supreme Court. Yerdict and judgment for plaintiff for $2,500. Defendant appealed.
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Appeal, No. 83, Jan. T., 1903, by-defendant, from judgment of C. P. Luzerne Co., Dec. T., 1897, No. 552, on verdict for plaintiff in ease of Willian H. Miller v. Wilkes-Barre Gas Company. Trespass to recover damages for refusing to supply plaintiff witb gas. Before Wheaton, J. The facts appear by the opinion of the Supreme Court. Yerdict and judgment for plaintiff for $2,500. Defendant appealed. Errors assigned were (10) answer to defendant’s tenth point quoted in the opinion of the Supreme Court; (11) refusal of binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Dean,
In November, 1896, Miller, the plaintiff, became tenant of a house and lot in Wilkes-Barre, known as Farr’s Hotel. When he took possession the former tenant, when he left the premises, was in arrears on his gas bills to the amount of $15.73, which had been furnished by this defendant company; plaintiff himself during his occupancy in the month of November had incurred an additional bill of $9.02. He was willing to pay and offered to pay his own bill, but refused to pay the arrears of the tenant who preceded him. The defendant refused the offer *256and notified Miller…
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