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· 3/21/1898

Jones v. Philadelphia Traction Co.

Citations

  • 185 Pa. 75
  • 39 A. 889
  • 1898 Pa. LEXIS 671

Syllabus

<p>Negligence — Trespass for personal injuries — Defect in machinery — Non-suit.</p> <p>In an action against a street railway company to recover damages for personal injuries it appeared that the plaintiff was employed by one of a number of independent contractors engaged in building a power house for the defendant. He was injured by the blowing oil' of a Cap from the end of a steam supply pipe which had been constructed by another contractor, whose employee had negligently turned on the valve. Plaintiff alleged that the accident was caused by the negligence of defendant’s engineer who in designing the steam piping had failed to provide for a drip or trap in the steam pipe, by means of which the water, formed by condensation of steam, could be removed. The testimony for the plaintiff vras that the accident “ was due to one of three causes, improper design, poor material and workmanship, or bad management.” It appeared that while drip pipes were in common use they did not act automatically, and that even when used with care their presence would not of itself lessen the danger. Reid, that a nonsuit was properly entered.</p>

Judges: Fell, McCollum, Mitchell, Sterrbtt, Williams

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