Ottersbach v. Philadelphia

Citations

• 161 Pa. 111
• 28 A. 991
• 1894 Pa. LEXIS 644

Syllabus

<p>Negligence — Municipality—Death by inhalation of gas — Contributory negligence.</p> <p>In an action against a city to recover damages for the death of plaintiff’s son caused by inhaling gas which escaped from a broken pipe in the street and flowed into plainLiff’s house, it is proper to submit the case to the jury where the evidence shows that the proper city authorities were duly notified of the fact that gas was escaping, and that they neglected for several days to locate the leak, and replace the broken pipe.</p> <p>Plaintiff’s son, a boy fifteen years of age, was asphyxiated by illuminating gas escaping from a broken pipe in the street into an outbuilding.</p> <p>The owner of the premises was an uncle of the boy, and the evidence was uncontradicted that for two weeks prior to the accident the uncle knew of the presence of gas in the outbuilding. The evidence was uncertain as to plaintiff’s knowledge of the leak and the character of it. Held, that the question of contributory negligence was for the jury.</p>