Richards v. Citizens Natural Gas Co.
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS OP BEAVER COUNTY. No. 40 October Term 1889, Snp. Ct.; court below, No. 313 December Term 1887, C. P. On November 29, 1887, Charles Richards brought trespass against the Citizens Natural Gas Company, to recover damages for the destruction of his household goods, caused by an explosion of natural gas alleged to have occurred in consequence of the defendant’s negligence. The defendant’s plea was not guilty.
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APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS OP BEAVER COUNTY. No. 40 October Term 1889, Snp. Ct.; court below, No. 313 December Term 1887, C. P. On November 29, 1887, Charles Richards brought trespass against the Citizens Natural Gas Company, to recover damages for the destruction of his household goods, caused by an explosion of natural gas alleged to have occurred in consequence of the defendant’s negligence. The defendant’s plea was not guilty. At the trial, November 15, 1888, it was shown that on November 7, 1887, an explosion of natural gas escaping from the line of the defendant…
1Opinion of the Court
Opinion,
Mb,. Justice Mitchell:
Interest as such is recoverable only where there is a failure to pay a liquidated sum due at a fixed day, and the debtor is in absolute default. It cannot, therefore, be recovered in actions of tort, or in actions of any kind where the damages are not in their nature capable of exact computation, both as to time and amount. In such cases the party chargeable cannot pay or make tender until both the time and the amount have been ascertained, and his default is not therefore of that absolute nature that necessarily involves interest for the delay. But *40there are…
2Cases cited6 opinions
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- Township of Plymouth v. GraverSupreme Court of Pennsylvania · 1889
- Penn. Schuyl. V. R. v. ZiemerSupreme Court of Pennsylvania · 1889
- City of Allegheny v. CampbellSupreme Court of Pennsylvania · 1884
- Delaware, Lackawanna & Western Railroad v. BursonSupreme Court of Pennsylvania · 1869
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- Charles R. Peterson, in No. 80-2662 v. Crown Financial Corporation, a Corporation, in No. 80-2663Court of Appeals for the Third Circuit · 1981
- American Enka Company, in No. 82-1080 v. Wicaco MacHine Corp. American Enka Company v. Wicaco MacHine Corp., in No. 82-1109Court of Appeals for the Third Circuit · 1982
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
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