Fyfe v. Turtle Creek Borough
Superior Court of Pennsylvania
Appeal, No, 140, April T., 1902, by defendant, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1901, No. 497, on verdict for plaintiff in case of Andrew Fyfe v. Turtle Creek Borough. Appeal from award of jury of view. Before Evans, J. At the trial the evidence showed that the borough. in con' structing a sewer deprived plaintiff’s land of lateral support so that a building thereon was injured.
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Appeal, No, 140, April T., 1902, by defendant, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1901, No. 497, on verdict for plaintiff in case of Andrew Fyfe v. Turtle Creek Borough. Appeal from award of jury of view. Before Evans, J. At the trial the evidence showed that the borough. in con' structing a sewer deprived plaintiff’s land of lateral support so that a building thereon was injured. Defendant presented these points: 2. The damage sustained by the plaintiff in this case was not the direct, unavoidable and necessary result of the construction of the sewer, and there can…
1Opinion of the Court
Opinion byW.
W. D. Portee,
Wilbur avenue, in the borough of Turtle Creek, is located along a hillside. The plaintiff was the owner of a lot on the upper side of the street, and had thereon erected a house which was completed in 1897 and subsequently occupied by the owner as a dwelling. The borough authorities, in 1899, proceeded in a lawful manner to locate and construct a sewer along the avenue in front of plaintiff’s property. Immediately after the construction of the sewer the ground on the upper side began to slip; this movement was deep as the bottom of the sewer and extended into…
2Cases cited21 opinions
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- Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
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- City of Quincy v. JonesIllinois Supreme Court · 1875
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3Cited by20 opinions
- Jackman v. Rosenbaum Co.Supreme Court of Pennsylvania · 1919
- Culver v. CommonwealthSupreme Court of Pennsylvania · 1942
- City of Pittsburgh v. GoldCommonwealth Court of Pennsylvania · 1978
- Hirsh v. Patrick McGovern, Inc.Superior Court of Pennsylvania · 1929
- Hastings AppealSupreme Court of Pennsylvania · 1953
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