Dialesantro v. Philadelphia Co.

Citations

• 47 Pa. Super. 339
• 1911 Pa. Super. LEXIS 160

Syllabus

<p>Negligence — Damages—Tuberculosis—Trial—Evidence.</p> <p>1. In an accident case where the plaintiff claims that the tuberculosis from which he was suffering at the time of the trial was caused by the personal injuries which he received four years before and for which he was suing, the trial judge commits reversible error in permitting the jury to pass upon tuberculosis as an element of damages, where there is not a scintilla of evidence to connect the plaintiff’s condition at the time of the trial with the personal injuries as a proximate cause.</p> <p>Negligence — Gas companies — Parties defendant.</p> <p>2. A verdict and judgment against a gas company for personal injuries sustained as the result of an explosion of gas, will not be reversed on the ground that another company was in fact the owner of the pipe where the gas exploded, where the evidence shows that the two companies were so intimately associated in their management that it was difficult to decide where the authority of one ended and the other began, and it appears that the employees of the company sued repaired the break, and that the district in which the leak occurred was in charge of the company defendant.</p>