Legal Opinion

Morgan v. United Gas Improvement Co.

Supreme Court of Pennsylvania

Decided February 26, 1906No. Appeal, No. 90PublishedCited by 4 opinions

Appeal, No. 90, Jan. T., 1905, by plaintiff, from order of C. P. No. 1, Phila. Co., March T., 1902, No. 633, refusing to take off nonsuit in case of Mary Morgan v. United Gas Improvement Company. Trespass to recover damages for personal injuries. Before Beitler, J. The facts are stated in the opinion of the Supreme Court. Error assigned was refusal to take off nonsuit.

1Opinion of the Court

Opinion by

Mr. Justice Fell,

The plaintiff was injured by inhaling gas that escaped from the defendant’s pipe and found its way through the soil to the cellar of the house she occupied. This house, No. 2421 Pine street, was in a row of small houses only one of which, No. 2413, was connected with the gas pipe. The negligence alleged was that the defendant allowed the gas to escape from its pipe in *111the street, and failed to make necessary repairs after notice that gas was escaping. There was no direct proof of a defect in the pipe nor any proof of notice that gas was escaping from it. The only…

2Cases cited1 opinion

  1. Koelsch v. Philadelphia Co.Supreme Court of Pennsylvania · 1893

3Cited by4 opinions

  1. Windish v. Peoples Natural Gas Co.Supreme Court of Pennsylvania · 1915
  2. Nomath Hotel Co. v. Kansas City Gas Co.Missouri Court of Appeals · 1920
  3. Hanley v. Peoples Natural Gas Co.Supreme Court of Pennsylvania · 1936
  4. Meddock v. National Transit Co.Superior Court of Pennsylvania · 1932

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