Legal Opinion

Bruggeman v. City of York

Supreme Court of Pennsylvania

Decided June 30, 1917No. Appeal, No. 129PublishedCited by 27 opinions

Appeal, No. 129, Jan. T., 1917, by defendant, from judgment of C. P. York Co., August Term, 1914, No. 125, on verdict for plaintiff in case of Mary Ellen Bruggeman and John B. Bruggeman v. City of York. Trespass for personal injuries. Before Ross, J. The facts appear by the opinion of the Supreme Court.

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Appeal, No. 129, Jan. T., 1917, by defendant, from judgment of C. P. York Co., August Term, 1914, No. 125, on verdict for plaintiff in case of Mary Ellen Bruggeman and John B. Bruggeman v. City of York. Trespass for personal injuries. Before Ross, J. The facts appear by the opinion of the Supreme Court. Verdict for the plaintiff Mary Ellen Bruggeman for $2,500 and for the plaintiff John B. Bruggeman for $100. Defendant appealed. • Error assigned, among others, was in refusing defendant’s motion for judgment n. o. v.

1Opinion of the Court

Opinion by

Mr. Justice Wauling,

This is an action for personal injuries resulting, as alleged, from an accumulation of filth in a public street. In 1912, defendant city built the Eagle Engine House on a lot located on the west side of Jessop Place, between Jackson street and Eose alley in said city, and in so doing raised the grade of the lot, and to make a convenient roadway thereto filled up the brick gutter on the north side of the property. The land descended to the west and raising the grade of the lot and stopping up the gutter caused the water in wet weather to overflow the street and…

2Cases cited10 opinions

  1. Hoag v. Lake Shore & Michigan Southern RailroadSupreme Court of Pennsylvania · 1877
  2. Herr v. City of LebanonSupreme Court of Pennsylvania · 1892
  3. S. S. Pass Ry. Co. v. TrichSupreme Court of Pennsylvania · 1887
  4. Elliott v. Allegheny County Light Co.Supreme Court of Pennsylvania · 1903
  5. Rhad v. Duquesne Light Co.Supreme Court of Pennsylvania · 1917

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3Cited by27 opinions

  1. Salt River Valley Water Users' Ass'n v. CornumArizona Supreme Court · 1937
  2. Boggs v. Jewell Tea Co.Supreme Court of Pennsylvania · 1920
  3. Stone v. PhiladelphiaSupreme Court of Pennsylvania · 1930
  4. Leoni v. ReinhardSupreme Court of Pennsylvania · 1937
  5. Irwin Savings & Trust Co. v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1944

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