Hoehle v. Allegheny Heating Co.
Superior Court of Pennsylvania
Appeal, No. 27, April T., 1897, by-defendant, from judgment of C. P. No. 3, Allegheny County, May Term, 1892, No. 384, on 'verdict for plaintiff. Trespass to recover damages for death of plaintiff’s husband claimed to have resulted from defendant’s alleged negligence* Before Kehnedy, P. J. Plaintiff, with her husband, lived in the city of Allegheny and their house was heated by means of natural gas which it is the business of the defendant company to supply as fuel.
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Appeal, No. 27, April T., 1897, by-defendant, from judgment of C. P. No. 3, Allegheny County, May Term, 1892, No. 384, on 'verdict for plaintiff. Trespass to recover damages for death of plaintiff’s husband claimed to have resulted from defendant’s alleged negligence* Before Kehnedy, P. J. Plaintiff, with her husband, lived in the city of Allegheny and their house was heated by means of natural gas which it is the business of the defendant company to supply as fuel. The company having occasion to make some alterations or repairs along their line, turned off the gas on a November morning.…
1Opinion of the Court
Opinion by
Rice, P. J.,
A tort is generally defined to be “ a wrong independent of contract,” but this broad definition, when correctly understood, is entirely consistent with the well settled general proposition that in certain relations duties are imposed, the breach of which is regarded as a tort, though the relations themselves are formed by contract, and the contract may cover the same ground. “ Thus ” says Judge Cooley, “ the general duties of a common carrier are prescribed by law, and a failure in performance is a tort, though there is in every case of the delivery of property for…
2Cases cited11 opinions
- Hoag v. Lake Shore & Michigan Southern RailroadSupreme Court of Pennsylvania · 1877
- S. S. Pass Ry. Co. v. TrichSupreme Court of Pennsylvania · 1887
- Haverly v. State Line R.Supreme Court of Pennsylvania · 1890
- Malone v. Pittsburgh & Lake Erie R. R.Supreme Court of Pennsylvania · 1893
- Fairbanks v. Kerr & SmithSupreme Court of Pennsylvania · 1872
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Becker v. Borough of Schuylkill HavenSuperior Court of Pennsylvania · 1963
- Stephenson v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1902
- Uzarski v. Union National BankSuperior Court of Pennsylvania · 1943
- Brown v. MooreDistrict Court, W.D. Pennsylvania · 1956
- Roe v. LundstromUtah Supreme Court · 1936
5 more not listed; retrieve them via the Exa API.