Gould v. McKenna
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of January Term 1876, No. 146. Action on the case for negligence, brought by Patrick E. Mc-Kenna, trading as Allen, Scott & Co., against John H. Gould, trading as Gould & Co. At the trial, before Elcock, J., it appeared that the plaintiff occupied a store on Second street, Philadelphia, adjoining one to the north, owned and occupied .by the defendant.
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Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of January Term 1876, No. 146. Action on the case for negligence, brought by Patrick E. Mc-Kenna, trading as Allen, Scott & Co., against John H. Gould, trading as Gould & Co. At the trial, before Elcock, J., it appeared that the plaintiff occupied a store on Second street, Philadelphia, adjoining one to the north, owned and occupied .by the defendant. McKenna’s building had a one-story back building, extending about one hundred feet to the rear, in which he kept his carpets, which were a part of his stock of goods. In 1871,…
1Opinion of the CourtChief Justice Agnew
*302As a whole, there was no error in the charge and answers to points. The instruction substantially was, that the defendant was liable for any insufficiency of the apron or flushing raised along the plaintiff’s wall to carry off the water sent down against it by the defendant’s roof. Having pitched his roof so as to carry the rainfall against and into the wall, it was his duty to raise the apron or flushing so high as effectually to protect the plaintiff’s store from being flooded by the water thus brought down. He had no right to carry the rain-fall on his premises into and upon the premises…
2Cited by26 opinions
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- McFadden v. Pennzoil CompanySupreme Court of Pennsylvania · 1941
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