Legal Opinion

Carr v. Northern Liberties

Supreme Court of Pennsylvania

Decided July 1, 1860PublishedCited by 31 opinions

Certificate from the Court of Nisi Prius. This was an action on the case by John G. Carr and George W. Carr, trading as J. G. & G. W. Carr, against The Commissioners and Inhabitants of the Incorporated District of the Northern Liberties, to recover damages sustained by the plaintiffs by reason of the flooding of their premises, at the south-east corner of Fifth and Poplar streets, on the 14th July 1849; in consequence, as it was alleged, of the neglect of the defendants to…

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Certificate from the Court of Nisi Prius. This was an action on the case by John G. Carr and George W. Carr, trading as J. G. & G. W. Carr, against The Commissioners and Inhabitants of the Incorporated District of the Northern Liberties, to recover damages sustained by the plaintiffs by reason of the flooding of their premises, at the south-east corner of Fifth and Poplar streets, on the 14th July 1849; in consequence, as it was alleged, of the neglect of the defendants to provide sufficient inlets to their culvert to carry off the water at that point; the improper, unskilful, and…

1Opinion of the Court

The opinion of the court was delivered by

Lowrie, C. J.

The plaintiff had his house flooded by the water which fell in one of those heavy showers which occur during the summer, every few years, and he complains that his loss is chargeable to the faults of the municipal authorities, and that he is entitled to compensation from the corporation. On the trial he was nonsuited, on the ground that he had shown no such fault in the corporation officers, as entitled him to the compensation sued for. Was there such evidence ?

Much of the testimony relied on consists of the mere opinion of witnesses who…

2Cited by31 opinions

  1. Strauss v. AllentownSupreme Court of Pennsylvania · 1906
  2. Laform v. Bethlehem TownshipSupreme Court of Pennsylvania · 1985
  3. City of Denver v. CapelliSupreme Court of Colorado · 1877
  4. Cooper v. Scranton CitySuperior Court of Pennsylvania · 1902
  5. McDade v. City of ChesterSupreme Court of Pennsylvania · 1888

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