Levinson v. Myers

Citations

• 24 Pa. Super. 481
• 1904 Pa. Super. LEXIS 216

Syllabus

<p>Negligence — Flooding—Injury to goods by water — Question for jury.</p> <p>In an action to recover damages for injury to a stock of millinery goods caused by escape of water from an upper floor, it appeared that the upper floor which was under the exclusive control of the defendant, contained water pipes, and a hot water boiler from which the water had not been turned off. The boiler was in a place exposed to the weather, which at the time of the accident was nine degrees above zero. It also appeared that there was a fracture in the bottom of the boiler caused apparently by pressure from within. Held, that the court committed no error in refusing binding instructions for defendant. ■ ■</p>