Ottersbach v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 173, Jan. T., 1894, by plaintiff, Margaret Ottersbach, from judgment of C. P. No. 1, Philadelphia Co., March T., 1893, No. 162, entering nonsuit. Trespass for death of plaintiff’s son. At the trial it appeared that, on Jan. 24,1893, plaintiff’s son, a boy about fifteen years old, was asphyxiated by illuminating gas escaping from a broken pipe into an outbuilding. The boy and his mother lived with the boy’s uncle at the corner of Diamond and Palethorp streets.
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Appeal, No. 173, Jan. T., 1894, by plaintiff, Margaret Ottersbach, from judgment of C. P. No. 1, Philadelphia Co., March T., 1893, No. 162, entering nonsuit. Trespass for death of plaintiff’s son. At the trial it appeared that, on Jan. 24,1893, plaintiff’s son, a boy about fifteen years old, was asphyxiated by illuminating gas escaping from a broken pipe into an outbuilding. The boy and his mother lived with the boy’s uncle at the corner of Diamond and Palethorp streets. The uncle was the owner of the premises. It was proven that, for about two weeks before the accident, a smell of gas, at…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
It was admitted that the death of plaintiff’s minor son resulted from asphyxia caused by inhaling illuminating gas, which, as the testimony tends to show, escaped from defendant’s broken gas pipe in the street at the corner of Diamond and Palethorp streets. Without referring in detail to the uncon*114tradicted testimony tending to prove that the proper city authorities were duly notified of the fact that gas was escaping at that point, and that they neglected for several days to locate the leak and replace the broken pipe,‘etc., it is sufficient to say that…
2Cited by4 opinions
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- Morgan v. Duquesne BoroughSuperior Court of Pennsylvania · 1905
- Rumsey v. City of PhiladelphiaSupreme Court of Pennsylvania · 1895
- Riegel & Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1929