MANUFACTURERS' LIGHT & HEAT CO. v. AMERICAN TEL. & TEL. CO.

No. 3278.

5 F.2d 572 (1925)

MANUFACTURERS' LIGHT & HEAT CO. v. AMERICAN TELEPHONE & TELEGRAPH CO.

Circuit Court of Appeals, Third Circuit.

May 2, 1925.


Attorney(s) appearing for the Case

Weil, Christy & Weil, of Pittsburgh, Pa. (F. T. Weil and A. Leo Weil, Jr., both of Pittsburgh, Pa., of counsel), for plaintiff in error.

Patterson, Crawford, Miller & Arensberg, of Pittsburgh, Pa. (Lloyd G. Reynolds, of Philadelphia, Pa., and C. F. C. Arensberg, of Pittsburgh, Pa., of counsel), for defendant in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


BUFFINGTON, Circuit Judge.

In the court below, the telephone company brought suit and recovered a verdict against the gas company for damages for the loss of its auto truck, burned by natural gas escaping from the gas company's pipe while the truck was passing over it. On entry of judgment thereon, the gas company sued out this writ of error.

Legal liability of the gas company depends on whether the pipe in question was laid under a public highway, and, if...

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