Collins v. City of Philadelphia
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of January Term 1880, Nos. 144 and 145. Case hy A. M. Collins & Son & Co., and by Hoff, Fontaine & Abbott, against the city of Philadelphia, to recover damages sustained by the plaintiffs by reason of the flooding of their premises on the evening of the 19th of July 1877, in consequence, as it was alleged, of the sewer constructed by the defendant, on Canal street, being of insufficient size and capacity to…
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Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of January Term 1880, Nos. 144 and 145. Case hy A. M. Collins & Son & Co., and by Hoff, Fontaine & Abbott, against the city of Philadelphia, to recover damages sustained by the plaintiffs by reason of the flooding of their premises on the evening of the 19th of July 1877, in consequence, as it was alleged, of the sewer constructed by the defendant, on Canal street, being of insufficient size and capacity to receive and carry off ali the water which fell upon and ran off the surface of the earth and the public streets in that…
1Opinion of the Court
The judgment of the Supreme Court was entered March 15th 1880,
2Per curiam
The main facts in these two cases are the same. They were argued together and depend upon the same principle. They are ruled, we think, by the decision of this court in Fair v. The City, 7 Norris 309. We can discover -no material difference between that case and those upon which a distinction can be based. ■ Whether the natural drainage be by a creek or by the surface — it was in both cases obstructed by the insufficient provision made by the defendant to supply its place. There was no negligence, but want of judgment, and the…
3Cited by13 opinions
- Cooper v. Scranton CitySuperior Court of Pennsylvania · 1902
- Siegfried v. South Bethlehem BoroughSuperior Court of Pennsylvania · 1905
- Metzgar v. Lycoming TownshipSuperior Court of Pennsylvania · 1909
- Aron v. PhiladelphiaSupreme Court of Pennsylvania · 1932
- Lorah v. Amity TownshipSuperior Court of Pennsylvania · 1908
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