Allen v. Willard
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 117 and 178, to January Term 1868. These were two writs of error in the same case argued together. In the court below, an action on the case was brought on the 22d of November 1866, by Julia A. Willard, widow, and the minor children of Charles T. Willard, deceased, against George N. Tatham and others, trading as Tatham & Brothers, and Franklin Allen and Joseph Allen, trading as Franklin Allen & Bro.
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Error to the District Court of Philadelphia: No. 117 and 178, to January Term 1868. These were two writs of error in the same case argued together. In the court below, an action on the case was brought on the 22d of November 1866, by Julia A. Willard, widow, and the minor children of Charles T. Willard, deceased, against George N. Tatham and others, trading as Tatham & Brothers, and Franklin Allen and Joseph Allen, trading as Franklin Allen & Bro. The declaration in the 1st count charged, that the defendants had undertaken to put up a building on Fifth street, a public highway; and on the…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
These two writs of error being in the same cause, can be conveniently considered together. The action was brought by the widow and children of Charles T. Willard, under the provisions of the Act of 26th April 1855, against the Tathams, as owners of a lot of ground on the west side of Eifth street, in this city, and against the Allens as contractors for the erection of a building on this lot for the Tathams. The declaration alleges negligence in leaving the excavation made for the cellar so unguarded that Willard lost his life by falling into…
2Cases cited3 opinions
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- Hennigan v. Atlantic Refining CompanyDistrict Court, E.D. Pennsylvania · 1967
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