SCHRINER v. PA. POWER & LIGHT CO.


348 Pa.Super. 177 (1985)

501 A.2d 1128

Steven SCHRINER and Terry Schriner, His Wife, t/a Schriner Farms v. PENNSYLVANIA POWER & LIGHT COMPANY, Ray D. Shenk, t/a Shenk's Farm Service, Individually and as Agent for Dairy Equipment Company and Dairy Equipment Company t/a Boumatic. Appeal of PENNSYLVANIA POWER & LIGHT COMPANY, Pennsylvania Public Utility Commission, Amicus Curiae.

Supreme Court of Pennsylvania.

Filed December 6, 1985.


Attorney(s) appearing for the Case

Patrick J. O'Connor, Philadelphia, for appellant.

John R. Bonner, Williamsport, for Schriner, appellees.

Kevin E. Osborne, Harrisburg, for Shenk, appellee.

Richard J. Mills, Pittsburgh, for Dairy Equip., appellee.

Before SPAETH, President Judge, and JOHNSON and SHOYER, JJ.


JOHNSON, Judge:

In this appeal, an electric power company asks us to decide whether the Pennsylvania Public Utility Commission (PUC), rather than the court of common pleas, has primary jurisdiction over a suit alleging injury to dairy cattle as a result of "stray voltage" from milking equipment electrified by the power company. The company would also have us determine whether the doctrine of strict liability in tort may be applied against a Pennsylvania public utility...

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