Boehm v. Borough of Bethlehem
Superior Court of Pennsylvania
Appeal, No. 179, Nov. T., 1896, by defendant, from judgment of C. P. Northampton Co., Oct. T., 1894, No. 82, on verdict for plaintiff. Trespass for damages resulting from defective sewer. Before Scott, J. The plaintiff claimed for damages to his property by reason of an overflow from a city sewer resulting from the flooding of same, superinduced from obstructions negligently permitted to remain therein.
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Appeal, No. 179, Nov. T., 1896, by defendant, from judgment of C. P. Northampton Co., Oct. T., 1894, No. 82, on verdict for plaintiff. Trespass for damages resulting from defective sewer. Before Scott, J. The plaintiff claimed for damages to his property by reason of an overflow from a city sewer resulting from the flooding of same, superinduced from obstructions negligently permitted to remain therein. The theory of the defense was that the flooding was the result of a cloud burst or unprecedented storm. Verdict and judgment for plaintiff for §269.79. Defendant appealed. Errors assigned…
1Opinion of the Court
Opinion by
Reeder, J.,
There is very little in the nineteen specifications of error which has not been carefully considered and fully discussed by the learned judge of the court below in his charge to the jury. In several of the assignments of error the defendant below and appellant here complains that the court did not correctly discuss and submit to the jury the law relating to an injury resulting from one of two proximate causes. The appellant correctly states the law to be that where an injury may have come from one of two causes either of which may have been the sole proximate cause it…
2Cases cited3 opinions
- Schaeffer v. Jackson TownshipSupreme Court of Pennsylvania · 1892
- Vanderslice v. City of PhiladelphiaSupreme Court of Pennsylvania · 1883
- Wunder v. McLeanSupreme Court of Pennsylvania · 1890
3Cited by6 opinions
- Taylor v. Allis-Chalmers Manufacturing CompanyDistrict Court, E.D. Pennsylvania · 1969
- Siegfried v. South Bethlehem BoroughSuperior Court of Pennsylvania · 1905
- Bannon v. The Pennsylvania RailroadSuperior Court of Pennsylvania · 1905
- Herr v. AltoonaSuperior Court of Pennsylvania · 1906
- Cowdrick v. New York Central RailroadSuperior Court of Pennsylvania · 1917
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