Jones v. Greenfield
Superior Court of Pennsylvania
Appeal, No. 60, Oct. T., 1903, by defendant, from judgment of O. P. No. 4, Phila. Co., March T., 1901, No. 856, on verdict for plaintiff in case of Rosa C. Jones v. Benjamin Greenfield. Trespass to recover damages for an alleged injury to real estate. Before Audenreid, J. The opinion of the Superior Court states the case.
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Appeal, No. 60, Oct. T., 1903, by defendant, from judgment of O. P. No. 4, Phila. Co., March T., 1901, No. 856, on verdict for plaintiff in case of Rosa C. Jones v. Benjamin Greenfield. Trespass to recover damages for an alleged injury to real estate. Before Audenreid, J. The opinion of the Superior Court states the case. The defendant presented the following points, all of which were declined without being read to the jury: 1. If the wall between the plaintiff’s property and the defendant’s property fell before the plaintiff became the owner of her property, she cannot recover for the said…
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff’s claim is for damages caused by the defendant making an excavation on his own property so as to cause a portion of the plaintiff’s land to be loosened and to slide, together with a wall for its protection, into the excavation made by the defendant, which excavation was made by digging and blasting, in order to make the grade of the lot conform to the grade of the street upon which it fronted.
The defendant was the owner of his property at the time the *319plaintiff acquired title to lier lot which was situated on higher ground, the soil being held in place by a…
2Cases cited1 opinion
- Fyfe v. Turtle Creek BoroughSuperior Court of Pennsylvania · 1903
3Cited by4 opinions
- McClelland v. SchwerdSuperior Court of Pennsylvania · 1907
- Freseman v. PurvisSuperior Court of Pennsylvania · 1912
- McMullen v. Union Drawn Steel Co.Superior Court of Pennsylvania · 1911
- Schomacker Piano Forte Manufacturing Co. v. Yankee Dauntless ClubSuperior Court of Pennsylvania · 1906