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Smith v. Bell Tel. Co. of Pennsylvania

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


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


Holding and Reasoning (McBride, J.)

Concurrence (Bell, J.)

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