McClelland v. Schwerd
Superior Court of Pennsylvania
Appeal, No. 40, April T., 1906, by defendant, from judgment of C. P. No. 1, Allegheny Co., March T., 1903, No. 65, on verdict for plaintiff in case of Maggie J. McClelland v. A. H. Schwerd. Trespass to recover damages for land, alleged to have been caused by withdrawal of lateral support. Before Macearlane, J. The facts are stated in the opinion of the Superior Court. At the trial J. F. McClelland was asked this question.
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Appeal, No. 40, April T., 1906, by defendant, from judgment of C. P. No. 1, Allegheny Co., March T., 1903, No. 65, on verdict for plaintiff in case of Maggie J. McClelland v. A. H. Schwerd. Trespass to recover damages for land, alleged to have been caused by withdrawal of lateral support. Before Macearlane, J. The facts are stated in the opinion of the Superior Court. At the trial J. F. McClelland was asked this question. “ Q. Is your property in its present condition as valuable as it was before the slip ? ” Objected to as incompetent and irrelevant. The Court: We will hear whether it has…
1Opinion of the Court
Opinion by
Rice, P. J.,
The plaintiff and the defendant own adjoining lots in the city of Allegheny, extending from McClure avenue to New-bum avenue. The lots rise at an angle of about forty-five degrees from McClure avenue for a distance and then extend back upon a level to Newburn avenue. On this level portion of the plaintiff’s lot a frame dwelling stood, which was reached from McClure avenue by flights of steps. The defendant desired to erect buildings on his lot fronting on McClure avenue, and for this purpose made an excavation to the. grade of the street along the front of his lot and…
2Cases cited11 opinions
- Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
- Noonan v. PardeeSupreme Court of Pennsylvania · 1901
- Rabe v. Shoenberger Coal Co.Supreme Court of Pennsylvania · 1906
- Robb v. Carnegie Bros., Pennsylvania Court of Common Pleas, Westmoreland County1891
- Seely v. AldenSupreme Court of Pennsylvania · 1869
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Norris v. PhiladelphiaSuperior Court of Pennsylvania · 1912
- Zimmerman v. Union Paving Co.Superior Court of Pennsylvania · 1938
- Freseman v. PurvisSuperior Court of Pennsylvania · 1912
- McKeand v. SkirbollSuperior Court of Pennsylvania · 1913
- McMullen v. Union Drawn Steel Co.Superior Court of Pennsylvania · 1911
1 more not listed; retrieve them via the Exa API.