Flaherty v. Scranton Gas & Water Co.
Superior Court of Pennsylvania
Appeal, No. 25, Jan. T., 1906, by defendant, from judgment of O. P. Lackawanna Co., Sept. T., 1908, No. 333, on verdict for plaintiff in case of P. F. Flaherty and Jennie Flaherty v. Scranton Gas and Water Company. Trespass to recover damages for death of an infant. Before Newcomb, J. At the trial it appeared that the child’s death was alleged to be due to the inhalation of illuminating gas.
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Appeal, No. 25, Jan. T., 1906, by defendant, from judgment of O. P. Lackawanna Co., Sept. T., 1908, No. 333, on verdict for plaintiff in case of P. F. Flaherty and Jennie Flaherty v. Scranton Gas and Water Company. Trespass to recover damages for death of an infant. Before Newcomb, J. At the trial it appeared that the child’s death was alleged to be due to the inhalation of illuminating gas. On February 4, 1903, workmen of the defendant went to the plaintiff’s house to make some repair in the gas service, and while so engaged permitted the escape of a volume of gas. The gas found its way into…
1Opinion of the Court
Opinion by
Head, J.,
If there was sufficient evidence to submit to a jury tending to prove that Cyril Flaherty, the infant son of the plaintiff’s *448came to his death as the result of an inhalation of illuminating gas, the first serious contention of the appellant is without merit.
Human life is so highly organized and the exact cause of death so often obscured by complicated and varying conditions that even the penetrating and trained eye of the intelligent physician cannot always locate such cause with that precise certainty so much to be desired. But in the judicial investigation of even such a…
2Cases cited1 opinion
- Cannon v. Pittsburg & Birmingham Traction Co.Supreme Court of Pennsylvania · 1899
3Cited by7 opinions
- Tremaine, Exrx. v. H. K. Mulford Co.Supreme Court of Pennsylvania · 1934
- Fritz v. Elk Tanning Co.Supreme Court of Pennsylvania · 1917
- Lubowicki v. Metropolitan Life Ins.Superior Court of Pennsylvania · 1934
- Baumgartner v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1927
- Degregorio v. MalloySupreme Court of Pennsylvania · 1946
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