Thompson v. DeLong
Supreme Court of Pennsylvania
Appeal, No. 213, Jan. T., 1920, by defendant, from judgment of O. P. No. 1, Phila. Co., Dec. T., 1916, No. 4918, on verdict for plaintiff in case of W. Austin Thompson v. John W. DeLong, deceased, J. Wayne DeLong, substituted as administrator c. t. a. Trespass to recover damages resulting from the negligent demolition of a wall. Before Patterson, J. The opinion of the Supreme Court states the facts.
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Appeal, No. 213, Jan. T., 1920, by defendant, from judgment of O. P. No. 1, Phila. Co., Dec. T., 1916, No. 4918, on verdict for plaintiff in case of W. Austin Thompson v. John W. DeLong, deceased, J. Wayne DeLong, substituted as administrator c. t. a. Trespass to recover damages resulting from the negligent demolition of a wall. Before Patterson, J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $5,000. Defendant appealed. ' Errors assigned were (1) refusal of defendant’s motion for judgment n. o. v. (9) instructions quoted in the opinion of the…
1Opinion of the Court
Opinion by
Me. Justice Walling,
This is an action of trespass between owners of adjoining property. Some forty years ago, the owner of the lot on the south side of Chelton avenue, west of Pulaski avenue, Philadelphia, built thereon a three-story double house, called twin houses, of stone and brick construction, with a division wall of like material separating the two houses. He sold each house to a separate purchaser, with the centre of the wall as the dividing line. Thereafter plaintiff bought the west house in 1910, and defendant the east house in 1916, removing it the same year to make room…
2Cases cited17 opinions
- Haverly v. State Line R.Supreme Court of Pennsylvania · 1890
- Chamberlin v. MorganSupreme Court of Pennsylvania · 1871
- United States National Bank v. Union National BankSupreme Court of Pennsylvania · 1920
- Bright v. AllanSupreme Court of Pennsylvania · 1902
- Medara v. Du BoisSupreme Court of Pennsylvania · 1898
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3Cited by18 opinions
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- Poelcher v. ZinkSupreme Court of Pennsylvania · 1954
- Fiat Motors of North America, Inc. v. Mellon Bank, N.A., in No. 86-3588. Fiat Motors of North America, Inc. In No. 86-3606 v. Mellon Bank, N.ACourt of Appeals for the Third Circuit · 1987
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