H. S. Kerbaugh, Inc. v. Caldwell
Court of Appeals for the Third Circuit
In Error to the Circuit Court of the United States for the Western District of Pennsylvania.
1Opinion of the Court
LANNING, District Judge.
This writ of error brings up a judgment rendered on the verdict of a jury in favor of the plaintiff, the defendant in error here, against the defendant, the plaintiff in error here. In 1903 and 1904 the defendant was engaged in grading and changing the main line of the Pennsylvania Railroad in Westmoreland county, Pa. It erected, within 1,000 feet from the plaintiff’s dwelling house, two buildings in which large quantities of dynamite and blasting powder were stored for use in its work. On March 5, 1904, both of the magazines exploded. The plaintiff, at the moment of…
2Cases cited3 opinions
- Heeg v. . LichtNew York Court of Appeals · 1880
- Pocono Spring Water Ice Co. v. American Ice Co.Supreme Court of Pennsylvania · 1906
- Wier's AppealSupreme Court of Pennsylvania · 1873
3Cited by6 opinions
- Pope v. Edward M. Rude Carrier Corp.West Virginia Supreme Court · 1953
- Marx v. United StatesCourt of Appeals for the Eighth Circuit · 1936
- State ex rel. Hopkins v. Excelsior Powder Manufacturing Co.Supreme Court of Missouri · 1914
- Cumberland Torpedo Co. v. GainesCourt of Appeals of Kentucky · 1923
- Najera v. BombardieriCourt of Appeals for the Tenth Circuit · 1931
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