Winpenny v. Philadelphia
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 199, to July Term 1869. This was an action on the case by William Winpenny and William Ohedester against The City of Philadelphia, brought to March Term 1868. The cause of action was the negligence of the defendants in permitting the navigation of the river Schuylkill to be obstructed by a sunken barge, against which the plaintiff's tug-boat struck and was injured.
Read the full summary
Error to the District Court of Philadelphia: No. 199, to July Term 1869. This was an action on the case by William Winpenny and William Ohedester against The City of Philadelphia, brought to March Term 1868. The cause of action was the negligence of the defendants in permitting the navigation of the river Schuylkill to be obstructed by a sunken barge, against which the plaintiff's tug-boat struck and was injured. The evidence was, that about the last of March 1868, the wreck of a canal-boat which had been carried down the Schuylkill by a freshet, sank in the channel opposite South street…
1Opinion of the Court
The opinion of the court was delivered May 5th 1871, by
Agnew, J.
The true question in this case seems not to have been brought to the attention of the learned court below, whose decision appears to have been rested on the effect of the Act of 14th April 1859, Pamph. L. 643. But the case does not fall within the scope of that act. The evidence shows that the obstruction which caused the injury to the plaintiffs’ vessel was an abandoned canal coal-barge, which had been wrecked somewhere in the upper waters of the Schuylkill, was brought down by a freshet and lodged *138■within the port limits of the…
2Cases cited2 opinions
- President for erecting a Bridge over the River Lehigh v. Lehigh Coal & Navigation Co.Supreme Court of Pennsylvania · 1833
- Roush v. WalterSupreme Court of Pennsylvania · 1840
3Cited by19 opinions
- Wyandotte Transportation Co. v. United StatesSupreme Court of the United States · 1967
- United States v. Moran Towing & Transportation Company, Incorporated, United States of America v. Bethlehem Steel CompanyCourt of Appeals for the Fourth Circuit · 1967
- The ManhattanDistrict Court, E.D. Pennsylvania · 1935
- Commonwealth v. GroffSupreme Court of Pennsylvania · 1986
- United States v. Bethlehem Steel Corp.Court of Appeals for the Ninth Circuit · 1963
14 more not listed; retrieve them via the Exa API.