Wallingford v. Dunlap
Supreme Court of Pennsylvania
Error to the District Court of Allegheny. This was an action on the ease, brought by John Dunlap against Wallingford and others, for injuries alleged to have been done by defendants to two houses of the plaintiff, in Pittsburg, by undermining and otherwise injuring the same.
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Error to the District Court of Allegheny. This was an action on the ease, brought by John Dunlap against Wallingford and others, for injuries alleged to have been done by defendants to two houses of the plaintiff, in Pittsburg, by undermining and otherwise injuring the same. The defendants in preparing a foundation for a house, which they were about to erect on ground adjoining, had ground alongside ornear plaintiff’s house dug away, and it was alleged that this was done without taking proper precautions, and that the houses of plaintiff were injured. After the evidence was closed, Lowrie,…
1Opinion of the Court
The opinion of the court was delivered by
Coulter, J.
— The judgment in the court below is founded partly • on facts found by a special verdict, and partly on what the court say are undisputed facts. The court enumerates to the jury what are the undisputed facts, and directs them to find a special verdict on the disputed facts. The court say to the jury, “ It is therefore agreed that you shall find a special verdict on the disputed facts, and that the court shall enter such judgment thereon, and on the facts not disputed, as the law requires.” The paper book states that the jury returned…
2Cases cited5 opinions
- The Chesapeake Insurance Company v. StarkSupreme Court of the United States · 1810
- M'Clenachan v. CurwinSupreme Court of Pennsylvania · 1802
- Reed v. CarterIndiana Supreme Court · 1834
- Miller's Heirs v. McIntireSupreme Court of the United States · 1826
- Fenn v. BlanchardSupreme Court of Pennsylvania · 1800
3Cited by8 opinions
- R. W. McCormick & Son v. Royal InsuranceSupreme Court of Pennsylvania · 1894
- Standard Sewing Machine Co. v. Royal InsuranceSupreme Court of Pennsylvania · 1902
- Thompson v. Emerald Oil Co.Supreme Court of Pennsylvania · 1924
- Fulforth v. Prudential Insurance Co. of AmericaSuperior Court of Pennsylvania · 1941
- Schmidt v. CampbellSuperior Court of Pennsylvania · 1939
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