Palmer v. Chester County Gas Co.

Citations

• 49 Pa. Super. 572
• 1912 Pa. Super. LEXIS 370

Syllabus

<p>Negligence — Gas company — Destruction of shade tree — Evidence-Case for jury.</p> <p>1. In an action against a gas company to recover damages for the destruction of a shade tree alleged to be due to gases escaping from the defendant’s main in the street, the case is for the jury where the evidence shows that the pipe of the main leaked within a few months after it was laid; that pipes when properly laid would not leak seriously until four or five years after their construction; and that in view of the conditions as to the possible settling of the ground, present and apparent at the time the pipe was laid, due care was not used to secure the joints by lead instead of cement, so as to prevent leaking from the strain upon the pipe that was reasonably to be anticipated.</p> <p>2. In such a case the fact that the plaintiff was not a patron of the defendant is immaterial.</p>