Behling v. Southwest Penn. Pipe Lines
Citations
- 160 Pa. 359
- 28 A. 777
- 1894 Pa. LEXIS 815
Syllabus
<p>Negligence — Remote and proximate came — Pipe lines.</p> <p>A proximate causéis one -which, in actual sequence, undisturbed by any independent cause, produces the result complained of.</p> <p>A pipe line company is not liable for the burning of a house, where it appears that burning oil from a neighboring property flowed down upon the pipe line causing it to burst and throw a spray of burning oil upon the house. In such a case the pipe line is not the proximate cause of the injury. The causa causans, the true proximate cause of the burning of the house, is the descending flood of fire.</p> <p>In such a case, if the facts are undisputed, it is the duty of the court to determine the question of proximate cause, and not to send it to a jury.</p> <p>- Pipe line companies — Bursting of pipes.</p> <p>It seems that the bursting of a pipe line caused by burning oil flowing over the pipe line from neighboring property, is not such an element of danger as the pipe line company is bound to foresee and provide against for the protection of the property of third persons along its line.</p>
Judges: Dean, Gbeen, McCollum, Mitchell, Thompson, Williams
Read full opinion on CourtListenerCited by
11 cases in this archive cite this case.
- Boggs v. Jewell Tea Co.Supreme Court of Pennsylvania· 1920-02-23· cited 43×
- Spence v. American Oil Co.Supreme Court of Virginia· 1938-06-08· cited 33×
- Home Oil & Gas Co. v. DabneySupreme Court of Kansas· 1909-04-10· cited 28×
- Bruggeman v. City of YorkSupreme Court of Pennsylvania· 1917-06-30· cited 27×
- Swanson v. CrandallSuperior Court of Pennsylvania· 1896-07-16· cited 14×
- Pittsburgh Forge & Iron Co. v. Dravo Contracting Co.Supreme Court of Pennsylvania· 1922-01-03· cited 13×
- Chesapeake Ferry Co. v. CummingsSupreme Court of Virginia· 1932-03-24· cited 12×
- Storey v. Mayor of New YorkAppellate Division of the Supreme Court of New York· 1898-07-01· cited 11×
- Storey v. MayorAppellate Division of the Supreme Court of New York· 1898-05-06· cited 7×
- Scott v. Allegheny Valley Railway Co.Supreme Court of Pennsylvania· 1896-01-06· cited 4×
- Loeb v. Allegheny CountySuperior Court of Pennsylvania· 1958-06-11
Cites
2 cases in this archive are cited by this case.
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