Legal Opinion

Nirdlinger v. American District Telegraph Co.

Supreme Court of Pennsylvania

Decided May 5, 1913No. Appeal, No. 412PublishedCited by 3 opinions

Appeal, No. 412, Jan, T., 1912, by plaintiff, from order of C. P. No. 5, Philadelphia Co., March T., 1911, No. 2106, sustaining demurrer to statement of claim and entering judgment for defendant in case of Samuel F. Nirdlinger, for himself and for the use and benefit of the Frankfort Marine, Accident and Plate Glass Insurance Company of Frankfort-' on-Main, Germany, v. American District Telegraph - Company.

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Appeal, No. 412, Jan, T., 1912, by plaintiff, from order of C. P. No. 5, Philadelphia Co., March T., 1911, No. 2106, sustaining demurrer to statement of claim and entering judgment for defendant in case of Samuel F. Nirdlinger, for himself and for the use and benefit of the Frankfort Marine, Accident and Plate Glass Insurance Company of Frankfort-' on-Main, Germany, v. American District Telegraph - Company. Trespass to recover damages for negligent breach of agreement to guard the contents of plaintiff’s dwelling. Plaintiff filed a statement of claim, the material parts of which were as…

1Opinion of the Court

Per Curiam,

This demurrer ought to have been overruled. No reason was given by the court below for sustaining it, and the judgment on it in favor of the defendant is reversed, with leave to plead.

2Cited by3 opinions

  1. Nirdlinger v. American District Telegraph Co.Supreme Court of Pennsylvania · 1914
  2. In Re KardosCourt of Appeals for the Second Circuit · 1928
  3. Commonwealth v. Weglein, Pennsylvania Court of Common Pleas, Philadelphia County1934

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