Elkins, Bly & Co. v. McKean
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1875, No. 65. This was an action on the case to April Term 1878 of the court below, brought by Elizabeth McKean against George W. Elkins and others, trading as Elkins, Bly & Co. There were three counts in the declaration:— 1. That defendants were manufacturers and vendors of carbon oil for illuminating purposes; that James A. McKean, the husband of plaintiff, purchased a quantity of…
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Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1875, No. 65. This was an action on the case to April Term 1878 of the court below, brought by Elizabeth McKean against George W. Elkins and others, trading as Elkins, Bly & Co. There were three counts in the declaration:— 1. That defendants were manufacturers and vendors of carbon oil for illuminating purposes; that James A. McKean, the husband of plaintiff, purchased a quantity of oil to be used in a lamp ; that defendants, knowingly, wilfully and of their mere negligence, manufactured and sold, for…
1Opinion of the Court
Chief Justice A shew
delivered the opinion of the court, January 6 th 1876.
This was an action by the widow of James McKean against Elkins, Bly and Co., manufacturers of refined petroleum or carbon oil. McKean died of burns received, either from the explosion of a lamp carried in his hand, or from a fall breaking the lamp and setting the oil on fire. The action was founded on the allegation that the defendants wilfully made and sold the oil for lighting purposes, knowing that it was highly inflammable, explosive and unsafe, and therefore unfit for use as a light. The case went to the jury…
2Cases cited1 opinion
- Deardorf v. HildebrandSupreme Court of Pennsylvania · 1828
3Cited by20 opinions
- Huset v. J. I. Case Threshing Mach. Co.Court of Appeals for the Eighth Circuit · 1903
- Commonwealth v. HarrisSupreme Court of Pennsylvania · 1945
- Shafer v. Lacock, Hawthorn & Co.Supreme Court of Pennsylvania · 1895
- Bialek v. Pittsburgh Brewing Co.Supreme Court of Pennsylvania · 1968
- Eby v. Travelers InsuranceSupreme Court of Pennsylvania · 1917
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