Engle v. Reider

Dissenting Opinion by

Mr. Justice Jones:

Tbe majority opinion unfortunately extends tbe rule of Valles v. Peoples-Pittsburgh Trust Company, 339 Pa. 33, 13 A. 2d 19, to a set of circumstances to wbicb it is neither reasonably nor logically applicable. Tbe two cases are plainly distinguishable on their facts.

In tbe Valles case, the instrumentality which tbe plaintiffs alleged was negligent consisted of refrigeration coils and pipes containing ammonia, along a basement wall in tbe defendant’s building; tbe installation was essential to the service and proper at tbe place .of its location; tbe…