215 Pa. 399 | Pa. | 1906
Opinion by
The appellant here complains of the refusal of the court below to enter judgment for the defendant, non obstante veredicto on the points reserved, and of the refusal to give binding instructions to the jury in favor of the defendant. We think that there was a substantial question of disputed fact in this case which the court could not properly have taken from the jury. It is admitted that defendant’s gas main broke, that gas escaped therefrom, and found its way into the house of the plaintiff, where it exploded and caused damage. There was some evidence on the part of the plaintiff, given by a policeman, that he had smelled gas in the street in the vicinity a few nights previously, or at least a night or two before the explosion. There was also testimony on the part of three ivitnesses that the fractured edges of the gas pipe, when examined after the explosion, showed in part indications of an old fracture. There
The assignments of error are overruled, and the judgment is affirmed.