Legal Opinion

Zahniser v. Pennsylvania Torpedo Co.

Supreme Court of Pennsylvania

Decided March 20, 1899No. Appeal, No. 197PublishedCited by 76 opinions

Appeal, No. 197, Oct. T., 1898, by plaintiffs, from order of C. P. Butler Co., Sept. T., 1897, No. 27, refusing to take off nonsuit. Trespass for injuries to an oil well.

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Appeal, No. 197, Oct. T., 1898, by plaintiffs, from order of C. P. Butler Co., Sept. T., 1897, No. 27, refusing to take off nonsuit. Trespass for injuries to an oil well. On a motion to take off a compulsory nonsuit, Greer, P. J., filed tbe following opinion: This is a motion to take off a compulsory nonsuit, entered by the court, on which an argument was heard March 11, 1898. The plaintiffs allege that the defendant company, whom they employed to shoot an oil well, did it negligently and shot it at the wrong place, thereby impairing and destroying it, and that they are seriously injured, and…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

The learned judge below entered a nonsuit on the ground that no negligence had been shown on the part of defendant, and it is conceded here by the appellant that no affirmative evidence was given of any negligent act either of omission or commission. But the argument is that the result showed that the torpedo had not been lowered to the proper place, but had been *353shot at a point some 200 feet too far up above the bottom of the well, and that that could only have happened by the negligence of defendant’s workman, Brown. In other words, appellant claims that under…

2Cases cited1 opinion

  1. Shafer v. Lacock, Hawthorn & Co.Supreme Court of Pennsylvania · 1895

3Cited by76 opinions

  1. Gilbert v. Korvette's Inc.Supreme Court of Pennsylvania · 1974
  2. Fitzpatrick v. PenfieldSupreme Court of Pennsylvania · 1920
  3. Durning v. HymanSupreme Court of Pennsylvania · 1926
  4. De Baca v. KahnNew Mexico Supreme Court · 1945
  5. Carter Oil Co. v. Independent Torpedo Co.Supreme Court of Oklahoma · 1924

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