Helbling v. Allegheny Cemetery Co.
Supreme Court of Pennsylvania
Appeal, No. 57, Oct. T., 1901, by-defendant, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1898, No. 493, on verdict for plaintiff in case of Elizabeth B. Helbling v. City of Pittsburg and Allegheny Cemetery Company. Trespass to recover damages for injuries to a house.
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Appeal, No. 57, Oct. T., 1901, by-defendant, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1898, No. 493, on verdict for plaintiff in case of Elizabeth B. Helbling v. City of Pittsburg and Allegheny Cemetery Company. Trespass to recover damages for injuries to a house. Before Brown, J. At the trial it appeared that on July 15,1896, plaintiff’s house was flooded by reason of the alleged negligence of the Allegheny Cemetery Company in the clogging up the crib of a sewer. The evidence for the defendant tended to show that the injury occurred by reason of an extraordinary flood. Other…
1Opinion of the Court
Opinion by
Me. Justice Fell,
The plaintiff’s house was injured by water which during rain storms accumulated at the opening of a city sewer and flooded the street. The opening of the sewer was on the land of the Allegheny Cemetery Company, from which it received the surface drainage, conducted to it by natural and artificial drains. It was surrounded by a circular iron grating or crib six feet high to prevent it from becoming clogged with rubbish. The negligence alleged was that the cemetery company allowed large quantities of brush, weeds and cut grass to lie along the water courses and near…
2Cases cited5 opinions
- Robb v. Carnegie Bros., Pennsylvania Court of Common Pleas, Westmoreland County1891
- Baltimore & Ohio Railroad v. Sulphur Spring Independent School DistrictSupreme Court of Pennsylvania · 1880
- McGettigan v. PottsSupreme Court of Pennsylvania · 1892
- Eshleman v. Martic TownshipSupreme Court of Pennsylvania · 1892
- Livezey v. PhiladelphiaSupreme Court of Pennsylvania · 1870
3Cited by26 opinions
- Hammermill Paper Co. v. Rust Engineering Co.Supreme Court of Pennsylvania · 1968
- Perkins v. Vermont Hydro-Electric Corp.Supreme Court of Vermont · 1934
- Linforth v. S.F. Gas and Electric Co.California Supreme Court · 1909
- CARLSON v. A. & P. Corrugated Box Corp.Supreme Court of Pennsylvania · 1950
- Sloss-S. S. & I. Co. v. MitchellSupreme Court of Alabama · 1913
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