Abraham v. Yardum
Superior Court of Pennsylvania
Appeal, No. 122, April T., 1915, by plaintiffs, from judgment of C. P. Allegheny Co., Oct. T., 1912, No. 1638, on verdict for defendants in case of Emilie R. Abraham', et al., Guardian of George W. Heer, et al., v. H. B. Yardum and Virginie H. Yardum, his wife. Head, J., dissents. Trespass to recover damages for injuries to property from leakage from a water pipe. Before Dávis, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 122, April T., 1915, by plaintiffs, from judgment of C. P. Allegheny Co., Oct. T., 1912, No. 1638, on verdict for defendants in case of Emilie R. Abraham', et al., Guardian of George W. Heer, et al., v. H. B. Yardum and Virginie H. Yardum, his wife. Head, J., dissents. Trespass to recover damages for injuries to property from leakage from a water pipe. Before Dávis, J. The facts are stated in the opinion of the Superior Court. Thé court gave binding instructions for defendants. Verdict and judgment for defendants. Error assigned was in giving binding instructions for defendants.
1DissentHead, J.
I am unable to accept as sound the conclusion reached by the majority of the judges who heard this case. I deem it unnecessary to undertake to review or analyze the numerous decisions from foreign jurisdictions referred to in the majority opinion for the obvious reason that, according to my judgment, the case at bar is ruled, one way or the other, by the decisions of our own Pennsylvania courts.
At common law the obligations of one private property owner to his neighbor were broadly and generally summed up in the maxim “sic utere tuo ut alienum non laedas.” Since the very beginning the…
2Cases cited3 opinions
- Hauck v. Tidewater Pipe Line Co.Supreme Court of Pennsylvania · 1893
- Pottstown Gas Co. v. MurphySupreme Court of Pennsylvania · 1861
- Welliver v. Irondale Electric Light, Heat & Power Co.Superior Court of Pennsylvania · 1909