Miller v. Wilkes-Barre Gas Co.

Citations

• 206 Pa. 254
• 55 A. 974
• 1903 Pa. LEXIS 692

Syllabus

<p>Gas companies — Liability of tenant for former tenant's gas bill — Notice.</p> <p>A gas company chartered for the purpose of supplying with gas a municipality and such individuals residing therein as might desire gas, and having the right of eminent domain, is bound to supply gas to any resident of the municipality, and it cannot refuse such a supply to a tenant because of a refusal of the latter to pay a former tenant’s gas bill, if it appears that the tenant before going into possession had no actual notice that he would be required to pay such bill, and was not affected with constructive notice by any resolution or by-law of the company to that effect.</p> <p>Gas companies — Refusal to supply gas — Damages—Measure of damages.</p> <p>In an action by a saloon keeper against a gas company to recover damages for the refusal of the defendant to furnish gas to plaintiff, it is error for the court to permit the jury to include in its verdict a recovery for loss of profits where the plaintiff has produced no books of account, bills, vouchers, or any written or parol evidence of his profits before he was deprived of gas, and of his profits thereafter, and nothing is produced to the jury upon which they could base any inference that there had been any loss of profits.</p>