Brown v. City of Scranton
Supreme Court of Pennsylvania
Appeal, No. 199, Jan. T., 1910, by defendant, from judgment of C. P. Lackawanna Co., Sept. T., 1908, No. 1,173, on verdict for plaintiff in case of George W. Brown v. City of Scranton. Appeal from award of viewers. Before Heydt, P. J., specially presiding.
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Appeal, No. 199, Jan. T., 1910, by defendant, from judgment of C. P. Lackawanna Co., Sept. T., 1908, No. 1,173, on verdict for plaintiff in case of George W. Brown v. City of Scranton. Appeal from award of viewers. Before Heydt, P. J., specially presiding. From the record it appeared that after an appeal had been taken by the city of Scranton from the award of viewers, the court had directed an issue to be framed in which the Delaware, Lackawanna & Western Railroad Company should be made a party defendant with the city. This was done because the railroad company had given a bond of indemnity…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
A careful study of this record has convinced us that several substantial and reversible errors crept into the trial of this case by reason of the issue in the first instance having been improperly awarded against the city of Scranton and the Delaware, Lackawanna & Western Railroad Company. This was clear error as a moment’s reflection will show. The proceeding was entirely statutory and the injury, if any, for which compensation is asked, was done by the city in the exercise of its municipal control over the streets. The city took the initiative and by ordinance…
2Cases cited2 opinions
- Hollis v. United States Glass Co.Supreme Court of Pennsylvania · 1908
- Walsh v. Wilkes-BarreSupreme Court of Pennsylvania · 1906
3Cited by13 opinions
- Kaplan v. LoevSupreme Court of Pennsylvania · 1937
- Girard Trust Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1915
- Pennsylvania Co. for Insurances on Lives v. PhiladelphiaSupreme Court of Pennsylvania · 1920
- Sacramento & San Joaquin Drainage District v. JarvisCalifornia Supreme Court · 1959
- Corbett v. BorandiCourt of Appeals for the Third Circuit · 1967
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