Legal Opinion

Malone v. Pierce

Supreme Court of Pennsylvania

Decided May 8, 1911No. Appeal, No. 179PublishedCited by 7 opinions

Appeal, No. 179, Oct. T., 1910, by defendant, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1906, No. 143, on verdict for plaintiff in case of Mary K. Malone v. William T. Pierce. Trespass to recover damages for injury to land by failure to provide sufficient lateral support. Before Evans, J. At the trial it appeared that the defendant, W. T. Pierce, was president of the Elizabeth Land Improvement Company. The company owned land adjoining that of the plaintiff.

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Appeal, No. 179, Oct. T., 1910, by defendant, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1906, No. 143, on verdict for plaintiff in case of Mary K. Malone v. William T. Pierce. Trespass to recover damages for injury to land by failure to provide sufficient lateral support. Before Evans, J. At the trial it appeared that the defendant, W. T. Pierce, was president of the Elizabeth Land Improvement Company. The company owned land adjoining that of the plaintiff. The corporation planned to erect a new building on its own land. There was evidence that the defendant, acting for his…

1Opinion of the Court

Opinion by

Mr. Justice Elkin,

This is an action ex delicto against defendant as an individual and not as agent or representative of the corporation of which he was president at the time of the occurrences about which complaint is made. It is true that in the averments of the declaration he is referred to as agent of the land company in conducting the negotiations with the Malones. But this may very properly be treated as a recital of the facts relied on to show that there was a verbal agreement between the parties requiring the excavation to be made in a particular manner, and if such an…

2Cases cited2 opinions

  1. McGettigan v. PottsSupreme Court of Pennsylvania · 1892
  2. Matulys v. Philadelphia & Reading Coal & Iron Co.Supreme Court of Pennsylvania · 1902

3Cited by7 opinions

  1. Summit Hotel Co. v. National Broadcasting Co.Supreme Court of Pennsylvania · 1939
  2. Loeffler v. McShaneSupreme Court of Pennsylvania · 1988
  3. Chester-Cambridge Bank & Trust Co. v. RhodesSupreme Court of Pennsylvania · 1943
  4. Durante v. AlbaSupreme Court of Pennsylvania · 1920
  5. Home Brewing Co. v. Thomas Colliery Co.Supreme Court of Pennsylvania · 1922

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