Washington Natural Gas Co. v. Wilkinson
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny County to review a judgment for plaintiff in an action to recover for personal injuries. On January 5, 1884, the Washington Natural Gas Company contracted with Charles O’Shea for the laying of pipe from the McGugan gas well to the city of Pittsburgh. O’Shea was to excavate the trench and refill it, and the company reserved the right to complete the work at his expense, if it was done m an unsatisfactory manner by him.
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Error to the Court of Common Pleas, No. 1, of Allegheny County to review a judgment for plaintiff in an action to recover for personal injuries. On January 5, 1884, the Washington Natural Gas Company contracted with Charles O’Shea for the laying of pipe from the McGugan gas well to the city of Pittsburgh. O’Shea was to excavate the trench and refill it, and the company reserved the right to complete the work at his expense, if it was done m an unsatisfactory manner by him. In March of the same year John Wilkinson was traveling on horseback along a road which had been crossed by the trench.…
1Per curiam
The plaintiff in error has no right of eminent domain. It did not give to- the contractor full control of the work. The agreement with him expressly declares if it is not done in a manner satisfactory to the superintendent he may put men in the trench, at the expense of the contractor, to make the necessary change; and further, if the contractor fails to- prosecute the work, with due diligence, the company may finish the same and charge it to the contractor. The assignment of error is not sustained.
Judgment affirmed.
2Cited by2 opinions
- Foehr v. New York Short Line RailroadSuperior Court of Pennsylvania · 1909
- Foltier v. SchroderSupreme Court of Louisiana · 1867