Levinson v. Myers
Superior Court of Pennsylvania
Appeal, No. 50, Jan. T., 1904, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1901, No. 204, on verdict for plaintiff in case of Anne Levinson v. Lawrence Myers. Trespass to recover damages for injury to a stock of millinery. Before Wheaton, J. The facts appear by the opinion of the Superior Court. The court refused binding instructions for defendant.
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Appeal, No. 50, Jan. T., 1904, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1901, No. 204, on verdict for plaintiff in case of Anne Levinson v. Lawrence Myers. Trespass to recover damages for injury to a stock of millinery. Before Wheaton, J. The facts appear by the opinion of the Superior Court. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for $700. Defendant appealed. ; Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Beaveb, J.,
Given, a store room occupied by plaintiff as- a millinery establishment, an unoccupied flat nr tenement above' it, under the exclusive control of the defendant, which contained water pipes -and a hot water boiler from which the water had not been turned off; weather, nine degrees' above zero ; the boiler in a place exposed to'the weather; a fracture in the bottom of the boiler caused apparently by pressure from within'; a sudden leak through the ceiling; destruction of a large amount of goods which could not be removed in time to avoid deterioration and destruction; was…
2Cases cited5 opinions
- Shafer v. Lacock, Hawthorn & Co.Supreme Court of Pennsylvania · 1895
- Lewin v. PauliSuperior Court of Pennsylvania · 1902
- Fisher v. RuchSuperior Court of Pennsylvania · 1900
- Matthews v. Pittsburg & Lake Erie RailroadSuperior Court of Pennsylvania · 1901
- Killion v. PowerSupreme Court of Pennsylvania · 1866
3Cited by7 opinions
- Trouser Corp. of America v. Goodman & Theise, Inc.Court of Appeals for the Third Circuit · 1946
- Wilf v. Philadelphia Modeling & Charm School, Inc.Superior Court of Pennsylvania · 1965
- Prager v. GordonSuperior Court of Pennsylvania · 1921
- Silver Costume Co. v. PassantSuperior Court of Pennsylvania · 1919
- House v. SchreiberSuperior Court of Pennsylvania · 1951
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