Rumsey v. City of Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 182, Jan. T., 1895, by-defendant, from judgment of C. P.. No. 1, Phila. Co., Dec. T., 1893, No. 98, on verdict for plaintiff. Trespass to recover damages for injuries caused to a house by water leaking from a water pipe belonging to the city. Before Biddle, J. The facts appear )jy the opinion of the Supreme Court.
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Appeal, No. 182, Jan. T., 1895, by-defendant, from judgment of C. P.. No. 1, Phila. Co., Dec. T., 1893, No. 98, on verdict for plaintiff. Trespass to recover damages for injuries caused to a house by water leaking from a water pipe belonging to the city. Before Biddle, J. The facts appear )jy the opinion of the Supreme Court. The court charged in part as follows : It appears that when the leak was discovered it arose from a service pipe, that is a pipe .taken from the main pipe. The main pipe goes down the street, and a man who wants to attach to it applies to the water department, and they…
1Opinion of the Court
Opinion by
Mr. Justice Green,
As we understand the testimony in this case, the leak which caused the plaintiff’s injury was not in his service pipe, nor in any pipe for which he was in any way responsible, or over which he had any kind of control. On the contrary the affirmative, and really undisputed proof is that it occurred at some point in the pipe extending up Forty-first street which was joined to the main pipe which terminated in a dead end at Forty-first street and Westminster avenue. In some way not very definitely explained the water escaped from that extended pipe and found its way…
2Cases cited2 opinions
- Kibele v. City of PhiladelphiaSupreme Court of Pennsylvania · 1884
- Ottersbach v. PhiladelphiaSupreme Court of Pennsylvania · 1894
3Cited by7 opinions
- Morgan v. Duquesne BoroughSuperior Court of Pennsylvania · 1905
- Aschoff v. City of EvansvilleIndiana Court of Appeals · 1904
- Householder v. Quemahoning Coal Co.Supreme Court of Pennsylvania · 1922
- Hindes v. PittsburghSuperior Court of Pennsylvania · 1944
- Abraham v. YardumSuperior Court of Pennsylvania · 1916
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