Killion v. Power
Supreme Court of Pennsylvania
• Error to the District Court of Philadelphia, in which this was an action on the case for negligence by John Power against Henry Killion. Power, in 1864, occupied the first story of a storehouse in Water street; Killion occupied the stories above him.
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• Error to the District Court of Philadelphia, in which this was an action on the case for negligence by John Power against Henry Killion. Power, in 1864, occupied the first story of a storehouse in Water street; Killion occupied the stories above him. The Schuylkill water was introduced into the building from the main in the street, and carried up by a pipe through Power’s store to the third story, where it ended in a stop-cock in Killion’s store, under which there was no drain or waste pipe. There was a stopcock also in Power’s store which controlled all the water. On the 29th of June 1864,…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
This action was brought for negligence in leaving open a stop-cock, in the third story of a storehouse occupied by the defendant, and thereby flooding with water the store of the plaintiff in the basement. The only error assigned is to the answer .of the court to the fourth point of the defendant. This point asked the court to say, that if the jury found from the evidence that the spigot mentioned in the evidence was turned by the man Hughes, a person not in the employment of the defendant nor under his control, without the authority of the…
2Cited by6 opinions
- Trouser Corp. of America v. Goodman & Theise, Inc.Court of Appeals for the Third Circuit · 1946
- Wilf v. Philadelphia Modeling & Charm School, Inc.Superior Court of Pennsylvania · 1965
- Southern Bell Telephone & Telegraph Co. v. YatesCourt of Appeals of Tennessee · 1950
- Levinson v. MyersSuperior Court of Pennsylvania · 1904
- Silver Costume Co. v. PassantSuperior Court of Pennsylvania · 1919
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