Kohlmeyer v. Ohio Valley Water Co.
Superior Court of Pennsylvania
Appeal, No. 45, April T., 1914, by defendant, from judgment of C. P. Allegheny Co., Fourth Term, 1909, No. 158, on verdict for plaintiff in case of H. Erwood Kohlmeyer and Mary S. Kohlmeyer v. Ohio Valley Water Company. Trespass to recover damages for death of a child.
Read the full summary
Appeal, No. 45, April T., 1914, by defendant, from judgment of C. P. Allegheny Co., Fourth Term, 1909, No. 158, on verdict for plaintiff in case of H. Erwood Kohlmeyer and Mary S. Kohlmeyer v. Ohio Valley Water Company. Trespass to recover damages for death of a child. Before Swearingen, J. At the trial, Dr. W. H. Oyer was asked this question: Mr. Thomson: “Q. Assuming it to be true that in January, 1909, the sewage in the city of Pittsburg was discharged into the Monongahela and Allegheny rivers by a system of sewers, about 150 in number, of varying sizes from eight inches up to twelve feet…
1Opinion of the Court
Opinion by
Henderson, J.,
The defendant company was incorporated under the act of 1874 to supply water for the use of the inhabitants of Bellevue and other municipalities in the Ohio River Valley. Its obligation was to furnish water that was ordinarily and reasonably free from such infection or contamination as causes water to be unsuitable for domestic purposes and unsafe and dangerous to health and life: Brymer v. Butler Water Co., 172 Pa. 489; Peffer v. Penna. Water Co., 221 Pa. 578; Com. v. Towanda Water Works, 15 Atl. Repr. 440; Green v. Ashland Water Co., 101 Wis. 258. Having acquired a…
2Cases cited9 opinions
- Commonwealth v. CrossmireSupreme Court of Pennsylvania · 1893
- Kliegel v. AitkenWisconsin Supreme Court · 1896
- Green v. Ashland Water Co.Wisconsin Supreme Court · 1898
- Commonwealth v. KennedySupreme Court of Pennsylvania · 1913
- Hardiman v. BrownMassachusetts Supreme Judicial Court · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hodgson v. BigelowSupreme Court of Pennsylvania · 1939
- Tremaine, Exrx. v. H. K. Mulford Co.Supreme Court of Pennsylvania · 1934
- Safransky v. City of HelenaMontana Supreme Court · 1935
- Schlichtkrull Et Ux. v. M.-P. Oil Co. (No. 2)Supreme Court of Pennsylvania · 1930