Legal Opinion

Vanderslice v. City of Philadelphia

Supreme Court of Pennsylvania

Decided April 16, 1883No. 184PublishedCited by 20 opinions

Error to the Court of Common Pleas No. 1 of Philadelphia county : Of January Term 1883, No. 184. Case, by John M, Vanderslice, “assignee in insolvency of Matthew IXall, to the use of Franklin S wayne, assignee in bankruptcy of Matthew Hall,” against the city of Philadelphia, to recover damages for injuries to the property of said Hall, caused, as alleged, by the negligence of defendant, in the construction and maintenance of a sewer.

Read the full summary

Error to the Court of Common Pleas No. 1 of Philadelphia county : Of January Term 1883, No. 184. Case, by John M, Vanderslice, “assignee in insolvency of Matthew IXall, to the use of Franklin S wayne, assignee in bankruptcy of Matthew Hall,” against the city of Philadelphia, to recover damages for injuries to the property of said Hall, caused, as alleged, by the negligence of defendant, in the construction and maintenance of a sewer. On the trial, before Peirce, J., the material facts appeared to be as follows : Matthew Hall, a builder, in 1878 erected a row of nine houses ou the north side…

1Opinion of the CourtJustice Tkcxkey

At the trial, the learned judge of the common pleas recognized the rule that a municipal corporation having determined upon the construction of a sewer, is bound to construct it properly and keep it in good condition and repair, and that negligence in the performance of those duties will render the city liable for damages resulting therefrom. He distinctly submitted to the jury to find whether the injury to the houses was caused by the faulty construction of the sewer, or the negligence of the city to keep it in repair, or by the faulty manner of building the houses upon made ground. Their…

2Cases cited2 opinions

  1. McCarthy v. . the City of SyracuseNew York Court of Appeals · 1871
  2. Requa v. . the City of RochesterNew York Court of Appeals · 1871

3Cited by20 opinions

  1. Rabe v. Shoenberger Coal Co.Supreme Court of Pennsylvania · 1906
  2. City of Portsmouth v. Mitchell Manufacturing Co.Ohio Supreme Court · 1925
  3. Wade v. S. J. Groves & Sons Co.Superior Court of Pennsylvania · 1981
  4. Rider v. York Haven Water & Power Co.Supreme Court of Pennsylvania · 1915
  5. Weaver v. Berwind-White Coal Co.Supreme Court of Pennsylvania · 1907

15 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API