Allied Realty Co. v. City of Philadelphia

Opinion by

Gawthrop, J.,

This is a suit for damages to a building and the contents thereof located at 117-19-21 North Seventh Street, Philadelphia, caused, as alleged, by the bursting of defendant’s thirty inch water main laid under the surface of Seventh Street and in front of plaintiff’s property. At the trial a non-suit was entered and this appeal is from the refusal by the court below to take it off.

Assuming the truth of plaintiff’s evidence and giving it the benefit of every inference fairly deducible therefrom, it appears that in June, 1926, water which came from some pipe in defendant’s…