Phillips v. Delaware Power & Light Company

Stiftel, Judge.

Delaware Power and Light Company (“the Power Company”) moved for summary judgment as to a count in the complaint based on res ipso loquitur. On January 12, 1962, an explosion destroyed plaintiffs’ home, personal property, and injured plaintiff Beatrice Phillips. The explosion was apparently caused by a broken eight-inch intermediate gas main lying beneath a city street which permitted gas to escape. This escaping gas seeped into plaintiffs’ house, collected therein, and exploded.

During the summer or fall of 1961, the Dabson Paving Company, under contract with the City of…