Legal Opinion

Baker v. Westmoreland & Cambria Natural Gas Co.

Supreme Court of Pennsylvania

Decided October 23, 1893No. Appeals, Nos. 80 and 81PublishedCited by 18 opinions

Appeals, Nos. 80 and 81, by defendant, from judgment of C. P. Westmoreland Co., Nov. T., 1890, Nos. 307 and 309, on verdict for plaintiff, Amanda M. Baker, to.use of Liverpool, London & Globe Ins. Go. Trespass for injuries caused by explosion of natural gas-Before White, P. J., 40th judicial district, specially presiding. At the trial it appeared that, in 1886, plaintiff owned and occupied a residence in Latrobe.

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Appeals, Nos. 80 and 81, by defendant, from judgment of C. P. Westmoreland Co., Nov. T., 1890, Nos. 307 and 309, on verdict for plaintiff, Amanda M. Baker, to.use of Liverpool, London & Globe Ins. Go. Trespass for injuries caused by explosion of natural gas-Before White, P. J., 40th judicial district, specially presiding. At the trial it appeared that, in 1886, plaintiff owned and occupied a residence in Latrobe. The house was in the middle of a large lot which extended back to a street or road called the Derry road. The company, for the purpose of supplying the two houses of plaintiff and…

1Opinion of the Court

Opinion by

Mb. Chief Justice Sterbett,

This case involved the question of defendant company’s negligence, causing the injury complained of, and also contributory negligence of the legal plaintiff.

An examination of the testimony with special reference to these inquiries, has satisfied us that they were both questions of fact, peculiarly within the province of the jury, and solely for their consideration and determination. As to the first, the testimony is such that the jury could not hesitate in finding against the defendant. Indeed, the carelessness of its employees was so gross as to amount…

2Cases cited5 opinions

  1. Schum v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1884
  2. Pennsylvania R. v. PetersSupreme Court of Pennsylvania · 1887
  3. Delaware R. v. Jones, Pennsylvania Court of Common Pleas, Luzerne County1889
  4. Fisher v. Monongahela C. Ry. Co.Supreme Court of Pennsylvania · 1890
  5. Pennsylvania Canal Co. v. BentleySupreme Court of Pennsylvania · 1870

3Cited by18 opinions

  1. McGrath v. Pennsylvania Sugar Co.Supreme Court of Pennsylvania · 1924
  2. Callahan v. Chicago, Burlington & Quincy R.Montana Supreme Court · 1913
  3. Hupfer v. National Distilling Co.Wisconsin Supreme Court · 1903
  4. Alcaro v. Jean Jordeau, Inc.Court of Appeals for the Third Circuit · 1943
  5. Littlejohn v. Midland Valley R. Co.Supreme Court of Oklahoma · 1915

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