Willey v. Allegheny City
Supreme Court of Pennsylvania
ERROR TO THE COURT OR COMMON PLEAS NO. 1 OR ALLEGHENY COUNTY. No. 53 October Term 1887, Sup. Ct.; court below, No. 311 March Term 1886, C. P. No. 1. To the first Monday of February, 1886, C. L. Willey brought an action in case against the city of Allegheny to recover damages for the loss of two rafts of timber swept away hy the high water of June, 1881. At the trial on December 17, 1886, the facts appeared: One of the rafts, containing timber of the value of about $1,900,…
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ERROR TO THE COURT OR COMMON PLEAS NO. 1 OR ALLEGHENY COUNTY. No. 53 October Term 1887, Sup. Ct.; court below, No. 311 March Term 1886, C. P. No. 1. To the first Monday of February, 1886, C. L. Willey brought an action in case against the city of Allegheny to recover damages for the loss of two rafts of timber swept away hy the high water of June, 1881. At the trial on December 17, 1886, the facts appeared: One of the rafts, containing timber of the value of about $1,900, lay at the wharf immediately above the railroad bridge, and the other containing timber of the value of about $1,200, lay…
1Opinion of the Court
Opinion,
Me. Justice Williams:
The important question in this case is that raised by the third, fourth, fifth and sixth assignments of error. The action was based upon the allegation that the city had faded to provide its wharf with fastenings sufficient in number and strength to secure boats and rafts from being swept away by floods.
The second point submitted by the plaintiff to the court below asked an instruction to the jury that inasmuch as the city of Allegheny was in “ possession of the wharf at which plaintiff’s rafts were lost, and receiving tolls or wharfage for its use, it was held to…
2Cases cited4 opinions
- Laing v. ColderSupreme Court of Pennsylvania · 1848
- Pittsburgh City v. GrierSupreme Court of Pennsylvania · 1853
- City of Allegheny v. CampbellSupreme Court of Pennsylvania · 1884
- Pennsylvania Railroad v. FriesSupreme Court of Pennsylvania · 1878
3Cited by4 opinions
- Crawford v. Allegheny CitySupreme Court of Pennsylvania · 1889
- Pauksztis v. Raeder Blank Book, Lithographing & Printing Co.Supreme Court of Pennsylvania · 1905
- Francisco R. v. WaterlooDistrict Court, E.D. Pennsylvania · 1897
- Jackson v. City of AlleghenyDistrict Court, W.D. Pennsylvania · 1890