Legal Opinion

Grant v. City of Erie

Supreme Court of Pennsylvania

Decided October 30, 1871PublishedCited by 12 opinions

Error to the Court of Common Pleas of Brie county: Of October and November Term 1870, No. 116. This was an action on the case commenced April 17th 1868, by Benjamin Grant against the City of Erie. The plaintiff’s action was based on the following circumstances :— He was the owner of valuable buildings in Erie, which, on the night of February 1st 1868, were destroyed by fire. By the 9th section of an act, passed April 8th 1833 (Pamph.

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Error to the Court of Common Pleas of Brie county: Of October and November Term 1870, No. 116. This was an action on the case commenced April 17th 1868, by Benjamin Grant against the City of Erie. The plaintiff’s action was based on the following circumstances :— He was the owner of valuable buildings in Erie, which, on the night of February 1st 1868, were destroyed by fire. By the 9th section of an act, passed April 8th 1833 (Pamph. L. 279), the borough of Erie was authorized “to provide for the conveyance and distribution of a sufficient quantity of good and wholesome water through the…

1Opinion of the Court

The opinion of the court was delivered, October 30th 1871, by

Sharswood, J.

We consider the principles involved in these assignments of error to have been authoritatively ruled in Carr v. The Northern Liberties, 11 Casey 324, and unless that decision is to be overruled the judgment below must be affirmed. In that case a power was conferred by its charter upon a municipal corporation “ to build and erect from time to time, as might become necessary, sufficient close culverts in and over the common sewers established in the district.” The municipality did proceed to build culverts in exercise of…

2Cited by12 opinions

  1. Doyle v. South Pittsburgh Water Co.Supreme Court of Pennsylvania · 1964
  2. Printed Terry Finishing Co. v. City of LebanonSuperior Court of Pennsylvania · 1977
  3. Thompson v. Springfield Water Co.Supreme Court of Pennsylvania · 1906
  4. Richardson v. City of HannibalSupreme Court of Missouri · 1932
  5. WECKSLER v. PhiladelphiaSuperior Court of Pennsylvania · 1955

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