Palmer v. Chester County Gas Co.
Superior Court of Pennsylvania
Appeal, No. 172, Oct. T., 1911, by defendant, from judgment of C. P. Chester Co., Jan. Term, 1911, No. 43, on verdict for plaintiff in case of Elizabeth Wood Palmer v. Chester County Gas Company. Trespass to recover damages for injuries to a shade tree. Before Butler, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $200. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Rice, P. J.,
The plaintiff alleged in her statement of claim that the defendant built and constructed its line of pipe in the street along her property in such negligent and careless manner that large quantities of poisonous gases were permitted to escape therefrom, which gases through the negligence of the defendant came in contact with the fibers and roots of a large and ornamental shade tree growing upon her premises, and by reason thereof the tree was killed; whereby she and her family were deprived of the comfort and enjoyment afforded by it and her property was injured in value…
2Cases cited4 opinions
- Lanning v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1911
- Fisher v. RuchSuperior Court of Pennsylvania · 1900
- Matthews v. Pittsburg & Lake Erie RailroadSuperior Court of Pennsylvania · 1901
- Langford v. People's Light Co.Superior Court of Pennsylvania · 1910
3Cited by2 opinions
- Gormley v. Union Paving Co.Superior Court of Pennsylvania · 1928
- Sidwell v. Gimbel Bros.Superior Court of Pennsylvania · 1913