Legal Opinion

Bowser v. Citizens Light, Heat & Power Co.

Supreme Court of Pennsylvania

Decided May 26, 1920No. Appeal, No. 64PublishedCited by 18 opinions

Appeal, No. 64, Oct. T., 1920, by plaintiff, from order of C. P. Somerset Co., Feb. T., 1919, No. 98, entering judgment for defendant n. o. v., in case of Mary J. Bowser v. Citizens Light, Heat & Power Co. Trespass for death of plaintiff’s husband. Before Bailey, P. J., specially presiding. The opinion of the Supreme Court states the facts. Yerdict for plaintiff for $3,500. The court subsequently entered judgment for defendant n. o. v. Plaintiff appealed.

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Appeal, No. 64, Oct. T., 1920, by plaintiff, from order of C. P. Somerset Co., Feb. T., 1919, No. 98, entering judgment for defendant n. o. v., in case of Mary J. Bowser v. Citizens Light, Heat & Power Co. Trespass for death of plaintiff’s husband. Before Bailey, P. J., specially presiding. The opinion of the Supreme Court states the facts. Yerdict for plaintiff for $3,500. The court subsequently entered judgment for defendant n. o. v. Plaintiff appealed. Error assigned was, inter alia, entry of judgment n. o. v., quoting record.

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

Albert J. Bowser was killed September 4, 1918, through what his widow claimed to be the negligence of the Citizens Light, Heat & Power Company, of Salisbury, Pa.; she sued in trespass and recovered a verdict, but the court below, without passing upon defendant’s motion for a new trial, entered judgment in its favor n. o. v.; plaintiff has appealed.

The evidence warrants a finding that defendant negligently maintained, along a pathway beside a public road, immediately in front of plaintiff’s residence, a high-voltage electric wire; it fell to the ground, and…

2Cases cited11 opinions

  1. Commonwealth v. PrincipattiSupreme Court of Pennsylvania · 1918
  2. Dunmore v. PaddenSupreme Court of Pennsylvania · 1918
  3. Mountain v. American Window Glass Co.Supreme Court of Pennsylvania · 1919
  4. Smith v. Standard Steel Car Co.Supreme Court of Pennsylvania · 1919
  5. Commonwealth v. CurrySupreme Court of Pennsylvania · 1926

6 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Young v. Mathews Trucking Corp.Supreme Court of Pennsylvania · 1956
  2. Kindell v. Franklin Sugar Refining Co.Supreme Court of Pennsylvania · 1926
  3. Moyer v. Pittsburgh, Mars & Butler RailwaySupreme Court of Pennsylvania · 1923
  4. Sebring v. Bell Telephone Co.Supreme Court of Pennsylvania · 1922
  5. Commonwealth Piccerelli v. Smith, WardenSuperior Court of Pennsylvania · 1942

13 more not listed; retrieve them via the Exa API.

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