Greed v. Manufacturers' Light & Heat Co.

Citations

• 238 Pa. 248
• 86 A. 95
• 1913 Pa. LEXIS 951

Syllabus

<p>Negligence — Gas Company — Explosion—Defective pipe in dwelling — Burden of proof — Nonsuit.</p> <p>1. In an action against a gas company to recover damages for tbe death of plaintiff’s husband, which was caused by an explosion of gas'in a room adjoining the apartment in which the deceased lived, the case should be taken from the jury where all that appears by the plaintiff’s case is that the plaintiff and her husband occupied the southern half of a double house; that the northern half, except the room in which the explosion occurred, was leased to another; that the defendant company installed a meter in the northern apartment at the request of the lessee thereof; that the latter turned on the gas in his apartment, and discovering after several hours that the gas was leaking in the room which was connected with and was intended subsequently to be included in the plaintiff’s apartment, gave notice to the deceased; that while the latter was investigating, an explosion occurred which caused his death; and that the company had not installed the pipes and had no control over them, and there is no evidence that the company did not give notice of the leak to the proper parties.</p> <p>Evidence — Negligence—Declarations—Bes gestee.</p> <p>2. In an action against a gas company to recover damages for the death of plaintiff’s husband caused by an explosion, proof of the declarations of the deceased made three hours before the explosion as to what defendant’s employees had said to him, and proof of other declarations of the deceased when he reached the hospital, about three-quarters of an hour after the explosion, are properly rejected as not being part of the res gestas.</p>