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>