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Contracts Keyed to Fuller
Doyle v. South Pittsburgh Water Co.
Citation:
414 Pa. 199 (1964)Facts
On December 31, 1961, the home of Robert and Frances Doyle was destroyed by fire. The Pittsburgh Fire Department responded to the alarm but was unable to combat the fire effectively because none of the five fire hydrants in the immediate vicinity would yield water. The hydrants had been allowed to freeze, rendering them useless for firefighting. On September 18, 1962, the Doyles filed a complaint in trespass against the South Pittsburgh Water Company, alleging that the company was under contract to provide and maintain fire hydrants in the vicinity of their dwelling. The complaint enumerated several acts of negligence, including failure to inspect the hydrants, failure to maintain sufficient pressure, failure to replace inoperative valves, and failure to notify either the plaintiffs or the fire department that the hydrants were inoperative. The water company filed preliminary objections, claiming the plaintiffs had failed to state a cause of action. The trial court sustained these objections and entered judgment for the defendant.
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