Berberich v. Ebach
Supreme Court of Pennsylvania
APPEAL BY PLAINTIEE EROM THE COURT OE COMMON PLEAS , NO. 1 OE ALLEGHENY COUNTY. No 192 October Term 1889, Sup. Cfc.; court below, No. 452 June Term 1888, C. P. No. 1. ■ On April 30,1889, a summons was served in an action of trespass brought by Alexander Berberich against John Ebach and Sophia, his wife, Theodore Striebecher and Albert Striebecher, to recover damages for injuries to the plaintiff’s dwelling house, alleged to have been occasioned by the negligence of the…
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APPEAL BY PLAINTIEE EROM THE COURT OE COMMON PLEAS , NO. 1 OE ALLEGHENY COUNTY. No 192 October Term 1889, Sup. Cfc.; court below, No. 452 June Term 1888, C. P. No. 1. ■ On April 30,1889, a summons was served in an action of trespass brought by Alexander Berberich against John Ebach and Sophia, his wife, Theodore Striebecher and Albert Striebecher, to recover damages for injuries to the plaintiff’s dwelling house, alleged to have been occasioned by the negligence of the defendants. Issue. At the trial on November 2, 1888, the following facts were shown: The plaintiff is the owner of a…
1Opinion of the Court
Opinion,
Mr. Justice Green:
In the case of Chartiers V. Gas Co. v. Lynch, 118 Pa. 362, we said: “.The case was thus made to turn upon the acceptance by the company of work so negligently and improperly done that the company knew, or ought to have known, that it was unsafe and positively dangerous. To such a submission there could be no possible objection, if there was any evidence from which the jury were warranted in finding that the work had been accepted by the company and taken off the hands of the contractor.” In that case there was no question that the work had been done by an independent…
2Cases cited3 opinions
- Allen v. WillardSupreme Court of Pennsylvania · 1868
- Homan v. StanleySupreme Court of Pennsylvania · 1870
- Chartiers V. Gas Co. v. LynchSupreme Court of Pennsylvania · 1888