Plonk v. Jessop

Citations

• 178 Pa. 71
• 35 A. 851
• 1896 Pa. LEXIS 1134

Syllabus

<p>Negligence — Explosion of gas — Contributory negligence — Question for jury.</p> <p>In an action against a plumber to recover damages for personal injuries, it appeared that the defendant’s workmen undertook to mend a leak in a pipe in plaintiff’s house. They went upstairs to find the leak, and when they came out they told plaintiff that everything was all right. Later in the day plaintiff, smelling gas in the hall, “lit a match the same as the plumbers did and laid it along the pipes,” then “ got a taper and lit that and started along up the pipes, clear up to the attic,” where the explosion took place by which he was injured. The cause of the leak was the failure of a previous gas fitter to put a cap on the end of the pipe in the attic.</p> <p>The defendant’s men knew from the rapid movement of the indicator in the meter that there was an important leak somewhere, but failed to locate it. Plaintiff admitted that he knew that gas would explode if brought in contact with the light. Held, (1) that there was sufficient evidence of defendant’s negligence to submit to the jury; (2) that under the evidence the question of plaintiff’s contributory negligence was for the jury.</p>