Henderson v. Allegheny Heating Co.

Citations

• 179 Pa. 513
• 36 A. 312
• 1897 Pa. LEXIS 682

Syllabus

<p>Negligence — Explosion of gas — Contributory negligence — Natural gas company.</p> <p>In an action against a natural gas company to recover damages for personal injuries suffered by an explosion in a building, it appeared that the building was not supplied with either natural or artificial gas, or with pipes for conducting the same. The defendant had two lines of pipe laid in the street in front of the building, the larger of which was used for general distribution, and the smaller for premises near the. exploded building. The smaller pipe was within a few feet of the cellar wall of the building. Some months prior to the accident a sewer pipe was laid from the rear of the building through the cellar and out beneath the smaller gas pipe into a main sewer. The soil in the neighborhood was largely sand and gravel. The evidence showed that for a couple of weeks prior to the accident escaping gas had been detected in the immediate vicinity. The explosion occurred immediately after a trapdoor leading into the cellar of the building was opened; and soon afterwards, when the gas pipe immediately in front of the premises was uncovered, an old rusty break therein was discovered. The evidence as to whether the company had been notified of the escaping gas was conflicting. Held, (1) that the case was for the jury ; (2) that a judgment and verdict for plaintiff should be sustained.</p>