Briegel v. City of Philadelphia
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT FROM THE COURT OE COMMON PLEAS NO. 3. OE PHILADELPHIA COUNTY. No. 267 January Term 1890, Sup. Ct. 5 court below, No. 105 September Term 1888, C. P. No., 3. On September 6, 1883, Catharine M. Briegel brought trespass against the <■. . , jf Philadelphia, to recover damages for injuries to the houses of the plaintiff, Nos. 3525 and 3527 Rock-land street, alleged to bave been caused by the negligence of the city in not properly constructing the plumbing and…
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APPEAL BY DEPENDANT FROM THE COURT OE COMMON PLEAS NO. 3. OE PHILADELPHIA COUNTY. No. 267 January Term 1890, Sup. Ct. 5 court below, No. 105 September Term 1888, C. P. No., 3. On September 6, 1883, Catharine M. Briegel brought trespass against the <■. . , jf Philadelphia, to recover damages for injuries to the houses of the plaintiff, Nos. 3525 and 3527 Rock-land street, alleged to bave been caused by the negligence of the city in not properly constructing the plumbing and drainage connected with, the privy well of a public school building, owned and maintained by the city. Issue. The cause…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell :
The first six specifications of error are to the findings of fact and the assessment of damages, but the report of the referee having been confirmed by the court, and no plain mistake being shown, we dismiss them without discussion.
But the learned counsel for the city have made an urgent and ingenious effort to bring this case within the ruling in Ford v. School Dist., 121 Pa. 543. The distinction, however, is plain. That case was an action for the negligence of the *458janitor of a school building, and was decided on the ground that, under the Pennsylvania statutes,…
2Cases cited6 opinions
- Ford v. Kendall Bor. Sch. DistrictSupreme Court of Pennsylvania · 1888
- School District v. FuessSupreme Court of Pennsylvania · 1881
- Wharton v. School Directors of Cass TownshipSupreme Court of Pennsylvania · 1862
- Boyd v. Insurance Patrol of PhiladelphiaSupreme Court of Pennsylvania · 1886
- Commonwealth v. BeamishSupreme Court of Pennsylvania · 1876
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3Cited by53 opinions
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- Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
- Nicholson v. City of DetroitMichigan Supreme Court · 1902
- Bingham v. BD. OF ED. OF OGDEN CITYUtah Supreme Court · 1950
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