Hydraulic Works Co. v. Orr
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of P'hiladetpMa county : Of July Term 1875, No. 111. This was an action on the case, brought by George R. Orr and-wife against the Philadelphia Hydraulic Works Company, to recover damages for the death of their child, which they alleged resulted from the negligence of the defendants, who pleaded “Not guilty.”
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Error to the Court of Common Pleas, No. 1, of P'hiladetpMa county : Of July Term 1875, No. 111. This was an action on the case, brought by George R. Orr and-wife against the Philadelphia Hydraulic Works Company, to recover damages for the death of their child, which they alleged resulted from the negligence of the defendants, who pleaded “Not guilty.” At the trial before Biddle, J., it appeared that the defendants were the lessees of a factory on Evelina street, below Third street, in Philadelphia. Along this factory, on the west side and between it and an engine house, is a ten-feet-wide…
1Opinion of the CourtChief Justice Agnew
It is true that where no duty is owed no liability arises. If therefore one leaves a stick of timber standing upright against his wall, or an open pit in his private yard to which others have not access, and a person strays in without invitation, or comes in without right, and pulls down the timber upon himself, or falls into the pit, he can have no action against the owner of the yard for the alleged negligence. He had no business there and the owner owed him no duty. But it has been often said, duties arise out of circumstances. Hence, where the owner has reason to apprehend danger, owing…
2Cited by39 opinions
- Corbin v. PhiladelphiaSupreme Court of Pennsylvania · 1900
- Thompson v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1907
- Rachmel v. ClarkSupreme Court of Pennsylvania · 1903
- Thompson v. Reading Co.Supreme Court of Pennsylvania · 1941
- Cceur d'Alene Lumber Co. v. ThompsonCourt of Appeals for the Ninth Circuit · 1914
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