Kiser v. H. S. Kerbaugh, Inc.
Superior Court of Pennsylvania
Appeal, No. 88, April T., 1909, by defendant, from judgment of C. P. Westmoreland Co., May T., 1905, No. 150, on verdict for plaintiff in case of G. W. Kiser v. H. S. Kerbaugh, Incorporated. Trespass to recover damages for injuries to a building caused by the explosion of dynamite. Before Van Swearingen, J., specially presiding.
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Appeal, No. 88, April T., 1909, by defendant, from judgment of C. P. Westmoreland Co., May T., 1905, No. 150, on verdict for plaintiff in case of G. W. Kiser v. H. S. Kerbaugh, Incorporated. Trespass to recover damages for injuries to a building caused by the explosion of dynamite. Before Van Swearingen, J., specially presiding. The court charged in part as follows: [Several grounds of recovery are laid in the plaintiff’s declaration, but the case has resolved itself into a question as to whether these dynamite and powder magazines constituted a private nuisance. You are asked to say that…
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff brought this action of trespass to recover damages caused by the defendant in negligently and carelessly storing large quantities of dynamite and blasting powder within a short distance of the plaintiff's residence, and in not properly caring for and protecting the said explosives, so that they exploded and destroyed his dwelling house, household goods, etc. A verdict of $615 was recovered and the defendant brings this appeal.
*167The defendant was engaged in straightening the tracks of the Pennsylvania Railroad Company, the work consisting of making extensive…
2Cases cited7 opinions
- Evans v. Reading Chemical Fertilizing Co.Supreme Court of Pennsylvania · 1894
- Gavigan v. Atlantic Refining Co.Supreme Court of Pennsylvania · 1896
- Sowers v. McManusSupreme Court of Pennsylvania · 1906
- Dennis v. EckhardtSupreme Court of Pennsylvania · 1861
- Derry Coal & Coke Co. v. KerbaughSupreme Court of Pennsylvania · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Amsterdam v. E. I. Dupont de Nemours Powder Co.Superior Court of Pennsylvania · 1916
- House of Refuge v. J. T. Dyer Co.Superior Court of Pennsylvania · 1910