Plonk v. Jessop
Supreme Court of Pennsylvania
Appeal, No. 295, Jan. T., 1896, by plaintiff, from judgment of C. P. York Co., April T., 1895, No. 73, of nonsuit. Trespass for personal injuries. At the trial the court entered a compulsory nonsuit which it subsequently refused to take off, Stewart, J., filing the following opinion, by which the facts appear.
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Appeal, No. 295, Jan. T., 1896, by plaintiff, from judgment of C. P. York Co., April T., 1895, No. 73, of nonsuit. Trespass for personal injuries. At the trial the court entered a compulsory nonsuit which it subsequently refused to take off, Stewart, J., filing the following opinion, by which the facts appear. This is an action of trespass brought by the plaintiff against the defendant, a plumber and gas fitter, to recover damages occasioned to the plaintiff through the alleged negligence of the defendant, by an explosion of illuminating gas in the house of the plaintiff whereby he sustained…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The plaintiff testified that when indications of a leak hi the pipe were discovered he told defendant’s workmen that they ought to fix it, they “ started to go upstairs to find the leak,” and when they came out “ they said everything was all right.” Later in the day, plaintiff smelling gas in the hall, “ lit a match the same as the plumbers did, and laid it along the pipes,” then “ got a taper and lit that and started along up the pipes, clear up to the attic,” where the explosion took place by which he was injured. The place and cause of the leak were…
2Cited by5 opinions
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- Newill v. Atlanta Gas-Light Co.Court of Appeals of Georgia · 1933
- Newland v. City of WinfieldSupreme Court of Kansas · 1930
- Stoner v. Pennsylvania Fuel Supply Co.Superior Court of Pennsylvania · 1909
- Strouss v. Philadelphia Gas Works Co., Pennsylvania Court of Common Pleas, Philadelphia County1935