Ansley v. City of Scranton
Supreme Court of Pennsylvania
Appeal, No. 72, Jan. T., 1907, by defendant, from order of C. P. Lackawanna Co., Jan. T., 1902, No. 320, dismissing exceptions to referee’s report in case of Mary C. Ansley and Edward Ansley,- Executors of the Estate of Joseph Ansley, deceased, v. City of Scranton. Trespass to recover damages for injuries sustained by the obstruction of a sewer in a lumber yard. The case was tried before J. W. Carpenter, Esq., referee.
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Appeal, No. 72, Jan. T., 1907, by defendant, from order of C. P. Lackawanna Co., Jan. T., 1902, No. 320, dismissing exceptions to referee’s report in case of Mary C. Ansley and Edward Ansley,- Executors of the Estate of Joseph Ansley, deceased, v. City of Scranton. Trespass to recover damages for injuries sustained by the obstruction of a sewer in a lumber yard. The case was tried before J. W. Carpenter, Esq., referee. The facts are stated in the opinion of the Supreme Court. The referee by his first report found in favor of the plaintiff for $3,767. The court sustained exceptions to the…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
If, upon consideration of all the evidence in the case, it could be said that continuing to store lumber year after year in the place where the damages were sustained was not negligence, this judgment should be sustained; otherwise it must be so modified as to accord with the law and the facts. The referee before whom the case was tried found, with respect to this item of .plaintiff’s claim, which is the only one controverted, that it resulted from the concurring negligence of the parties. Upon exceptions filed, the court reversed this finding of the referee, and…
2Cases cited2 opinions
- Bruch v. City of PhiladelphiaSupreme Court of Pennsylvania · 1897
- Gould v. McKennaSupreme Court of Pennsylvania · 1878
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- Paine v. Standard Plunger Elevator Co.Court of Appeals for the Third Circuit · 1913
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