Legal Opinion

First Presbyterian Congregation v. Smith

Supreme Court of Pennsylvania

Decided October 1, 1894No. Appeal, No. 167PublishedCited by 32 opinions

Appeal, No. 167, Jan. T., 1893, by plaintiff, from judgment of C. P. Northampton Co., Aug. T., 1891, No. 12, on verdict for defendant.

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Appeal, No. 167, Jan. T., 1893, by plaintiff, from judgment of C. P. Northampton Co., Aug. T., 1891, No. 12, on verdict for defendant. Trespass for injuries caused to plaintiff’s property by a break in a sewer alleged to have been caused by the negligent manner of its construction by defendants. • Before Reeder, J. At the trial, it appeared that, on Jan. 2, 1891, the street in front of plaintiff’s property caved in, and a large quantity of water from a sewer and water main saturated the foundation of plaintiff’s property, causing serious injury to it. The sewer had been built by defendants…

1Opinion of the Court

Opinion by

Mb. Justice Dean,

The church of plaintiff is a large brick building on the northwest corner of Second and Bushkill streets, in the city of Easton. On January 2, 1891, Bushkill street, in front of the-church, commencing at the line of Second street and extending along the street for 75 to 80 feet, caved in, taking with it a portion of the pavement. A large sewer and the water main* of the Lehigh Water Company were located longitudinally on* Bushkill street, and after the cave-in were found to be broken. A great quantity of water from both flowed towards the church, undermined the…

2Cases cited4 opinions

  1. Curtin v. SomersetSupreme Court of Pennsylvania · 1891
  2. Allen v. WillardSupreme Court of Pennsylvania · 1868
  3. Reynolds v. BraithwaiteSupreme Court of Pennsylvania · 1890
  4. Hunt v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1866

3Cited by32 opinions

  1. Foley v. the Pittsburgh-Des Moines Co.Supreme Court of Pennsylvania · 1949
  2. Bisson v. John B. Kelly, Inc.Supreme Court of Pennsylvania · 1933
  3. Scalise v. F. M. Venzie Co., Inc.Supreme Court of Pennsylvania · 1930
  4. King v. GallowayTexas Commission of Appeals · 1926
  5. Arizona Binghampton Copper Co. v. DicksonArizona Supreme Court · 1921

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