Fisher v. Ruch
Superior Court of Pennsylvania
Appeal, No. 139, Oct. T., 1899, by defendant, from judgment of C. P. No. 2, Pbila. Co., Dec. T., 1894, No. 1016, on verdict for plaintiff. Trespass.
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Appeal, No. 139, Oct. T., 1899, by defendant, from judgment of C. P. No. 2, Pbila. Co., Dec. T., 1894, No. 1016, on verdict for plaintiff. Trespass. Before Pennypacker, P. J. It appears from the record and evidence that plaintiffs were owners of premises onCallowhill street, Philadelphia, and that defendant was a contractor of the city of Philadelphia under a contract in writing providing for the construction by defendant of a subway sewer in tunnel in the bed of Callowhill street, between Seventeenth and Twenty-first streets; that the exists ence of rock in the street rendered it necessary…
1Opinion of the Court
Opinion by
Rioe, P. J.,
This action was brought to recover damages for injuries done to the plaintiff’s house by blasting done by the defendant in the construction of a subway and a sewer in connection therewith in the street upon which the premises fronted. The injuries were caused by concussion, not by casting rock or earth upon the premises. This work was done under a contract with the city, which provided that the city should have supervision of the work, and that no blasting would be allowed unless the contractor first obtained a permit from the department of public safety through the…
2Cases cited8 opinions
- Shafer v. Lacock, Hawthorn & Co.Supreme Court of Pennsylvania · 1895
- Sopherstein v. BertelsSupreme Court of Pennsylvania · 1896
- Messmore v. MorrisonSupreme Court of Pennsylvania · 1896
- Cullum v. WagstaffSupreme Court of Pennsylvania · 1864
- Gorman v. BiglerSuperior Court of Pennsylvania · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Shannon v. CastnerSuperior Court of Pennsylvania · 1902
- Matthews v. Pittsburg & Lake Erie RailroadSuperior Court of Pennsylvania · 1901
- Latella v. Breyer Ice Cream Co.Superior Court of Pennsylvania · 1925
- Prager v. GordonSuperior Court of Pennsylvania · 1921
- Levinson v. MyersSuperior Court of Pennsylvania · 1904
10 more not listed; retrieve them via the Exa API.