Wheat v. Public Service Gas Co.

This is an appeal from a rule made by Mr. Justice_ Swayze in the Supreme Court, striking out the complaint as against the defendant, Public Service Gas Company.' The plaintiff’s claim is that the gas company excavated a trench partly across a highway in order to make gas connection with a new building, and that plaintiff’s intestate, walking along the highway, was obliged to turn out and go around the end of the trench, which led to her being struck and fatally injured by an automobile negligently driven by the other defendant, one Murphy. The complaint was struck out as against the gas…