Betham v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 307, Jan. T., 1899, by-plaintiff, from order of C. P. No. 3, Phila. Co., Sept. T., 1897, No. 332, sustaining exceptions to report of referee in case of Robert Betham v. Philadelphia. Exceptions to report of referee, Robert W. Finletter, Esq. The facts appear by the opinion of the Supreme Court. The court in an opinion by McMichael, J., sustained exceptions to the report-. Errors assigned were in sustaining exceptions to referee’s report.
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Appeal, No. 307, Jan. T., 1899, by-plaintiff, from order of C. P. No. 3, Phila. Co., Sept. T., 1897, No. 332, sustaining exceptions to report of referee in case of Robert Betham v. Philadelphia. Exceptions to report of referee, Robert W. Finletter, Esq. The facts appear by the opinion of the Supreme Court. The court in an opinion by McMichael, J., sustained exceptions to the report-. Errors assigned were in sustaining exceptions to referee’s report. It will not be pretended that a court of equity would have restrained the defendant from prosecuting the work of draining the lands and building…
1Opinion of the Court
Opinion by
Mr. Justice Bbown,
The plaintiff below brought suit to recover from the city of Philadelphia for losses sustained by the flooding of lands which he occupied in the lower portion of the city, commonly known as the “ Neck.” His property was part of si large tract, bounded on the east and south by the Delaware river, and on the west by the Schuylkill, and was from four to six feet helow high tide level. Artificial banks had, for. many years, protected this and other lands in the locality from the overflowing, water of the rivers, and sluices and canals formed parts of a system for such…
2Cases cited6 opinions
- Elliott v. City of PhiladelphiaSupreme Court of Pennsylvania · 1874
- Cavanagh v. City of BostonMassachusetts Supreme Judicial Court · 1885
- McDade v. City of ChesterSupreme Court of Pennsylvania · 1888
- Grant v. City of ErieSupreme Court of Pennsylvania · 1871
- Allentown v. KramerSupreme Court of Pennsylvania · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Jackman v. Rosenbaum Co.Supreme Court of Pennsylvania · 1919
- Hartness v. Allegheny CountySupreme Court of Pennsylvania · 1944
- Boorse v. Springfrield TownshipSupreme Court of Pennsylvania · 1954
- Southern Surety Co. v. WaitsSupreme Court of Oklahoma · 1915
- Snively v. Washington TownshipSupreme Court of Pennsylvania · 1907
6 more not listed; retrieve them via the Exa API.