242 Pa. 582 | Pa. | 1914
Opinion by
On August 31,1912, James Hitchman, the husband of the plaintiff, was killed by the explosion of a boiler; his widow brought this suit to recover damages from H. S. Kerbaugh, Inc., alleging that at the time of the accident her husband was in the employ of the defendant corporation and under its control, that the boiler was the property of and in use by the latter, and that the explosion was due to its negligence. The trial court entered a nonsuit which it subsequently refused to take off.. The plaintiff has appealed and assigns for error several rulings upon the evidence, the refusal to allow, an amendment to the statement of claim, and. the re-' fusal to take off the nonsuit.
We have read the testimony, examined the record, and considered the arguments of counsel with care, but we are not convinced of error. As stated in the opinion of the court below, “There is not the slightest evidence to show hoAV long the defendant owned this boiler; how long the boiler had been used; for what purpose it has been used;......no evidence to show lack of inspection on examination.......The evidence------.as to the condition of the boiler is very meager. But a single witness was examined with reference to this matter, William Eodman (offered as an expert),....... Under the testimony of the plaintiff’s witness, Eodman, it is just as probable that the explosion occurred by reason of the failure of the deceased .to keep the boiler, supplied with water......(as through the negligence of the defendant).” This expert admitted on cross-examination
Under the evidence a verdict against the defendant could not be sustained, and as said by the court below, “As the plaintiff seems to have exhausted her means of establishing her case during the trial it would be of no
Both the general facts and the particular testimony ruled upon in Marsh v. Lehigh Valley R. R. Co., 206 Pa. 558, and in the other cases cited by the appellant, were essentially different from those at bar, and none of the authorities in question controls the present case.
The assignments are all overruled and the judgment is affirmed.