Munn & Barton v. Mayor
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action on the case brought by Munn & Barton, against the City of Pittsburgh and the Pennsylvania Railroad Company, to recover damages for injury to their mill and manufactory, on the corner of Pennsylvania avenue, Boyd and Watson streets, Eighth Ward, Pittsburgh, by the bursting or falling in of a sewer.
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Error to the District Court of Allegheny county. This was an action on the case brought by Munn & Barton, against the City of Pittsburgh and the Pennsylvania Railroad Company, to recover damages for injury to their mill and manufactory, on the corner of Pennsylvania avenue, Boyd and Watson streets, Eighth Ward, Pittsburgh, by the bursting or falling in of a sewer. The case was this :— When the state of Pennsylvania constructed the line of public works from Philadelphia to Pittsburgh, it extended the canal by a tunnel through the hill from Seventh street, Pittsburgh, to the south-eastern line…
1Opinion of the Court
The opinion of the court was delivered,
by Strong, J.
In this case the District Court, on the trial, ordered a nonsuit to be entered, being of opinion that the plaintiffs had given no such evidence as in laAv was sufficient to maintain the action. It was an action of trespass upon the case to recover damages alleged to have been sustained by the plaintiffs in consequence of the breaking and falling in of a seAver, by Avhich their mill and manufactory had been throAvn down. The fall of the seAver was averred to have been caused by the Avrongful act of the defendants, or to have happened in…
2Cited by14 opinions
- Smith v. Times Publishing Co.Supreme Court of Pennsylvania · 1897
- Morton v. Ambridge BoroughSupreme Court of Pennsylvania · 1954
- Carter v. County of HawaiiHawaii Supreme Court · 1963
- WECKSLER v. PhiladelphiaSuperior Court of Pennsylvania · 1955
- Cheltenham & Abington Sewerage Co. v. P. S. C.Superior Court of Pennsylvania · 1932
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