Smith v. Bell Tel. Co. of Pennsylvania

153 A.2d 477 (1959)

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Smith v. Bell Tel. Co. of Pennsylvania

Pennsylvania Supreme Court
153 A.2d 477 (1959)

RW

Facts

In 1948, Bell Telephone Company of Pennsylvania and its contractor (the companies) (defendants) laid underground telephone conduits near a house later bought by Smith (plaintiff). By 1951, adjacent sewer pipes were crushed and blocked, allowing sewage to seep into Smith's house. Smith sued the companies, alleging their telephone work wrecked the pipes and caused damage to his house. The trial judge imposed a compulsory nonsuit on the grounds that Smith's circumstantial evidence was insufficient to rule out any other possible cause for the damage. Smith appealed to the Supreme Court of Pennsylvania.

Rule of Law

Issue

Holding and Reasoning (McBride, J.)

Concurrence (Bell, J.)

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