Legal Opinion

Wunder v. McLean

Supreme Court of Pennsylvania

Decided April 21, 1890No. 273PublishedCited by 17 opinions

APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 273 January Term 1890, Sup. Ct.; court below, No. 90 September Term 1888, C. P. No. 3. On September 5, 1888, Joseph H. Wunder and Rosanna, his wife, in right of said wife, brought trespass against James H. McLean and Catharine Craven, to recover damages for an alleged nuisance affecting the dwelling of the plaintiff’s wife. Issue.

Read the full summary

APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 273 January Term 1890, Sup. Ct.; court below, No. 90 September Term 1888, C. P. No. 3. On September 5, 1888, Joseph H. Wunder and Rosanna, his wife, in right of said wife, brought trespass against James H. McLean and Catharine Craven, to recover damages for an alleged nuisance affecting the dwelling of the plaintiff’s wife. Issue. At the trial, on October 8, 1889, the court, on motion of the defendants, made an order that the jury be permitted to view the premises where the nuisance complained of was alleged…

1Opinion of the Court

Opinion,

Mr. Justice Williams :

The fourth assignment of error complains that the learned judge of the court below took the facts wholly from the jury, leaving them nothing to do except to settle the amount of the plaintiffs’ damages. Whether this was right or not depends on whether the case presented, when the evidence closed, any open, questions of fact for the jury to pass upon.

The defendants owned separate but adjoining houses and lots, Nos. 139 and 141 Mechanic street. The house of the plaintiffs is on Leibert street, and the defendants’ lots extend back to and adjoin that of the…

2Cases cited2 opinions

  1. Knauss v. BruaSupreme Court of Pennsylvania · 1884
  2. Fow v. RobertsSupreme Court of Pennsylvania · 1885

3Cited by17 opinions

  1. Harris (Et Ux.) v. Lewistown Tr. Co.Supreme Court of Pennsylvania · 1936
  2. Toth v. PhiladelphiaSuperior Court of Pennsylvania · 1968
  3. McLaughlin v. KellySupreme Court of Pennsylvania · 1911
  4. Brown v. WhiteSupreme Court of Pennsylvania · 1902
  5. Harte v. JonesSupreme Court of Pennsylvania · 1926

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API