Flaherty v. Scranton Gas & Water Co.

Citations

• 30 Pa. Super. 446
• 1906 Pa. Super. LEXIS 95

Syllabus

<p>Negligence — Evidence—Inhalation of gas — Opinion of physicians — Expert.</p> <p>In an action to recover damages for the death of a child two reputable physicians of long practice and high standing, each of whom saw, and carefully examined the child, one at the beginning, the other near the fatal termination of its sickness, and each of whom was apprised of the conditions under which the sickness began, gave it as their deliberate opinion and judgment that the child died from the effects of an inhalation of gas. Held', that such testimony could not be rejected nor ignored.</p> <p>In an action against a gas company to recover damages for the death of an infant, it appeared that the employees of the defendant went into plaintiff’s cellar to make some repairs in the gas service, and while so engaged permitted the escape of a volume of gas which found its way into an upper room, where the infant inhaled it. The testimony shows that the mother of the child knew that the men were at work in the cellar, and was herself almost overcome by the gas. In attempting to save herself from being entirely overcome she did not close the doors. Held, that the question of the defendant’s negligence and the mother’s contributory negligence was for the jury, and that a verdict and judgment for plaintiff should be sustained.</p>