Allegheny Heating Co. v. Rohan
Supreme Court of Pennsylvania
ERROR. TO THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY. No. 103 October Term 1887, Sup. Ct.; court below, No. 174 June Term 1886, C. P. No. 1. On April 2, 1886, an action in case was brought by John Rohan against the Allegheny Heating Company, a corporation organized under the act of May 29, 1885, P. L. 29, and engaged in the supply of natural gas to the citizens of Allegheny City.
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ERROR. TO THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY. No. 103 October Term 1887, Sup. Ct.; court below, No. 174 June Term 1886, C. P. No. 1. On April 2, 1886, an action in case was brought by John Rohan against the Allegheny Heating Company, a corporation organized under the act of May 29, 1885, P. L. 29, and engaged in the supply of natural gas to the citizens of Allegheny City. At the trial on November 17, 1886, it appeared that on April 23, 1885, the defendant company was laying a main line of eight inch pipe, with screw joints, along Rebecca street, with a branch therefrom on…
1Opinion of the Court
Opinion,
Mr. Justice Green :
In no point of view is it possible to sustain the verdict and judgment in this case. The learned court below in the charge *228to the jury said: “You must be satisfied that the escape of that gas was the result of the negligence of this defendant company through its servants. There seems to be no evidence to the contrary, that this business was conducted in the ordinary, prudent, careful way that such work is done according to the best lights which persons engaged in that business possessed, and that there was no escape of gas beyond what necessarily or ordinarily…
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