Kiser v. H. S. Kerbaugh, Inc.

Citations

• 40 Pa. Super. 163
• 1909 Pa. Super. LEXIS 585

Syllabus

<p>Nuisance — Dynamite—Evidence—Negligence—Case for jury.</p> <p>1. While certain pursuits may be prima facie lawful, because not necessarily attended with dangerous results, and must be shown to be conducted in a careless manner, so as to become nuisances, the character of the business, the manner in which it is conducted, its .location, are all to b.e considered in determining the question of nuisance or no nuisance, and where the facts are at all in dispute, the proper tribunal to pass upon them is the jury.</p> <p>2. Where a person stores dynamite in a small building within a few inches of a red hot stove, with percussion caps lying on the floor, he will be liable for injuries to neighboring property caused by the explosion of the dynamite.</p>