Trouser Corp. v. Goodman & Theise Inc. - Circuit Court of Appeals, Third Circuit

Trouser Corp. v. Goodman & Theise Inc.

By Circuit Court of Appeals, Third Circuit

  • Release Date: 1946-01-22
  • Genre: Law

Book Synopsis

This case arises on appeal from a judgment of $2300 for the plaintiff based on the alleged negligence of defendant. Plaintiff and defendant each occupy a floor in a building owned by a third party. Plaintiffs place of business was, at the time of the occurrence dealt with here, on the floor directly below defendant. As part of the water purifying machinery needed in its business, defendant used a "fulflo Filter". Sometime during the weekend of February 14-15, 1943 water escaped from defendants premises and leaked through the floor to the damage of plaintiff. The jury found for the plaintiff. This finding was necessarily that the operation of the "Fulflo Filter" was negligent, since the escape of water from the filter was the source of the damage. The case is in federal court on grounds of diversity only; no federal question is involved.The facts all have their setting in Pennsylvania and the law of Pennsylvania controls both as to the existence of liability and the damages recoverable.

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