Legal Opinion

Fair v. City of Philadelphia

Supreme Court of Pennsylvania

Decided March 10, 1879PublishedCited by 21 opinions

Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of July Term 1879, No. 33. Case by Thomas Pair against the City of Philadelphia, to recover damages alleged to have been sustained by reason of the insufficiency of a public sewer to carry off the surface water which accumulated on the premises of the plaintiff. The facts are stated in the opinion of this- court.

1Opinion of the CourtJustice Mercur

This was an action on the case. The plaintiff claimed to recover damages which he had sustained, by reason of the insufficiency of the public sewer to carry off the surface water which accumulated on his premises. The case was submitted to a referee. He found the facts and stated his conclusions of law. No exceptions were filed as to the correctness of his finding of facts. The exceptions to his conclusions of law, finding the city was not liable for damages, were overruled and judgment entered for the defendant. This presents the alleged error.

It appears that the house of the plaintiff was…

2Cases cited1 opinion

  1. Mills v. . City of BrooklynNew York Court of Appeals · 1865

3Cited by21 opinions

  1. Scibilia v. PhiladelphiaSupreme Court of Pennsylvania · 1924
  2. Strauss v. AllentownSupreme Court of Pennsylvania · 1906
  3. Laform v. Bethlehem TownshipSupreme Court of Pennsylvania · 1985
  4. Torrey v. City of Scranton, Pennsylvania Court of Common Pleas, Lackawanna County1890
  5. Cooper v. Scranton CitySuperior Court of Pennsylvania · 1902

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