Donahue v. Kelly
Supreme Court of Pennsylvania
Appeal, No. 609, Jan. T., 1896, by plaintiff, from order óf C. P. No. 1, Phila. Co., Dec. T., 1898, No. 1331, refusing to take off nonsuit.
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Appeal, No. 609, Jan. T., 1896, by plaintiff, from order óf C. P. No. 1, Phila. Co., Dec. T., 1898, No. 1331, refusing to take off nonsuit. Trespass for personal injuries.' Before Biddle, P. J. At the trial it appeared that on January 3,1894, the plaintiff was injured hy the explosion of a gasoline lamp which liad been used for the purpose of lighting the outside of the restaurant, but on the day of the accident was hanging in a closet inside the restaurant on a nail from which it fell. The gasoline ran out on the floor and was ignited by a lighted match which one of the defendant’s servants…
1Opinion of the Court
Opinion by
Mr. Justice Gbeen,
It is beyond all question that the cause of the unfortunate injury suffered by the plaintiff, was the act of Clegett in throwing the burning lamp. That he was trying to throw it out of the door was affirmatively proved by the plaintiff’s witness Monaghan, and was not at all disputed. In the passage of the lamp through the air it exploded, according to the testimony of Monaghan, and the burning fluid falling upon the plaintiff caused his injury. It is suggested by the learned counsel for the plaintiff that the defendant was negligent in merely having the gasoline on…
2Cases cited1 opinion
- Brown v. FrenchSupreme Court of Pennsylvania · 1883
3Cited by18 opinions
- Edmonds v. MurphyCourt of Special Appeals of Maryland · 1990
- Allen v. SchultzWashington Supreme Court · 1919
- Leslie v. CatanzaroSupreme Court of Pennsylvania · 1922
- Pryor v. Safeway Stores, Inc.Washington Supreme Court · 1938
- McCaulif v. GriffithSuperior Court of Pennsylvania · 1933
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