Stoner v. Pennsylvania Fuel Supply Co.
Superior Court of Pennsylvania
Appeal, No. 129, April T., 1909, by defendant, from judgment of C. P. Armstrong Co., June T., 1908, No. 151, on verdict for plaintiff in case of John B. Stoner v. Pennsylvania Fuel Supply Company. Trespass to recover damages for injuries sustained from an explosion of natural gas in plaintiff’s cellar. Before Patton, P. J. The opinion of the Superior Court states the case. Errors assigned were various rulings on evidence and instructions.
1Opinion of the Court
Opinion by
Beaver, J.,
This case was clearly for the jury. It bristled with facts seriously disputed. Was the defendant guilty of negligence? This, as the court below clearly intimated in its reply to one of the plaintiff’s requests for charge, could not be presumed. It must be established by competent evidence, and as to it there was, as we view it, abundant testimony from which the jury could legitimately find the negligence of the defendant, without which it was impossible for the plaintiff to recover.
The action was for damages arising from the explosion of gas in the plaintiff’s cellar,…
2Cases cited4 opinions
- Koelsch v. Philadelphia Co.Supreme Court of Pennsylvania · 1893
- Heh v. Consolidated Gas Co.Supreme Court of Pennsylvania · 1902
- Hartman v. Citizens Natural Gas Co.Supreme Court of Pennsylvania · 1904
- Plonk v. JessopSupreme Court of Pennsylvania · 1896
3Cited by4 opinions
- Lawrence v. Scranton CitySupreme Court of Pennsylvania · 1925
- Bellevue Gas & Oil Co. v. CarrSupreme Court of Oklahoma · 1916
- Newill v. Atlanta Gas-Light Co.Court of Appeals of Georgia · 1933
- Stanton v. National Fuel Gas Co., Pennsylvania Court of Common Pleas, Mercer County1987