Cooper v. Altoona Concrete Construction & Supply Co.
Superior Court of Pennsylvania
Appeal, No. 211, Oct. T., 1912, by defendant, from judgment of C. P. Blair Co., June T., 1910, No. 123, on verdict for plaintiff in case of Lloyd Cooper v. Altoona Concrete Construction & Supply Company. Trespass to recover damages for injury to a building and its contents, caused by alleged negligent excavation on defendant’s lot.
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Appeal, No. 211, Oct. T., 1912, by defendant, from judgment of C. P. Blair Co., June T., 1910, No. 123, on verdict for plaintiff in case of Lloyd Cooper v. Altoona Concrete Construction & Supply Company. Trespass to recover damages for injury to a building and its contents, caused by alleged negligent excavation on defendant’s lot. Before Baldridge, P. J. At the trial the court admitted under objection and exception evidence as to the rental value of the building, and damages to the contents thereof. [1-7] The court charged in part as follows: [The defendant, on the other hand, contends that…
1Opinion of the Court
Opinion by
Mokrison, J.,
This is an action of trespass to recover damages for injuries to the plaintiff’s building and its contents resulting from an excavation made by the appellant on an adjoining lot. This is the second trial and appeal in the case by the defendant. The first judgment was for a sum in excess of the jurisdiction of this court and the appeal was to the Supreme Court where the judgment was reversed, on a single ground, in an opinion by Mr. Justice Elkin (Cooper v. Altoona C. C. & S. Co., 231 Pa. 557). Although in that appeal the appellant’s counsel presented thirty-five…
2Cases cited11 opinions
- Commonwealth v. RazmusSupreme Court of Pennsylvania · 1905
- Shafer v. WilsonCourt of Appeals of Maryland · 1876
- McGettigan v. PottsSupreme Court of Pennsylvania · 1892
- Rottmund v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1909
- Fyfe v. Turtle Creek BoroughSuperior Court of Pennsylvania · 1903
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