Gallagher v. City of Philadelphia
Superior Court of Pennsylvania
Appeal, No. 97, Nov. T., 1896, by defendant, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1895, No. 176, on verdict for plaintiff. Trespass for injuries resulting from the depletion of the waters of the Schuylkill and delaying plaintiff’s canal boat. Before Thayer, P. J. The facts sufficiently appear in the opinions of the Superior Court and the court below. The defendant submitted the following points: ‘■1. The jury must find for the defendant in this case.”
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Appeal, No. 97, Nov. T., 1896, by defendant, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1895, No. 176, on verdict for plaintiff. Trespass for injuries resulting from the depletion of the waters of the Schuylkill and delaying plaintiff’s canal boat. Before Thayer, P. J. The facts sufficiently appear in the opinions of the Superior Court and the court below. The defendant submitted the following points: ‘■1. The jury must find for the defendant in this case.” Anstver: Refused. [2] 2. Unless the jury find that the plaintiff has suffered loss or damage differing in kind from that which…
1Opinion of the Court
Opinion by
Wickham, J.,
The plaintiff was the lessee and master of a canal boat plying upon the artificial navigation system of the Schuylkill river, between Port Clinton and tide water wharfs, below this system, in Philadelphia. During the summer and fall of the year 1895, the plaintiff’s loaded boat was several times detained on her downward trips, at different points above the last dam in the Schuylkill, by reason of low water; and, as he avers, also lost time in unloading, at the wharfs above mentioned, because other boats, which had likewise been detained above by lack of sufficient water,…
2Cases cited5 opinions
- Kroegher v. McConway & Torley Co.Supreme Court of Pennsylvania · 1892
- City of Philadelphia v. GilmartinSupreme Court of Pennsylvania · 1872
- Knowles v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
- Ashman v. WeigleySupreme Court of Pennsylvania · 1892
- City of Philadelphia v. CollinsSupreme Court of Pennsylvania · 1871
3Cited by3 opinions
- Philadelphia v. Philadelphia Suburban Water Co.Supreme Court of Pennsylvania · 1932
- Hunt v. GrahamSuperior Court of Pennsylvania · 1900
- Filbert v. DechertSuperior Court of Pennsylvania · 1903