Cameron v. City of Carbondale
Supreme Court of Pennsylvania
Jan. T., 1910, by plaintiffs from decree of C. P. Lackawanna Co., Sept. T., 1909, No. 11, dismissing bill in equity in case of John R. Cameron, Henry T. Fenwick and John McCabe v. City of Carbondale. Bill in equity for a mandatory injunction. Before Edwards, P. J. The facts appear in the opinion of the Supreme Court and in McCabe v. Watt, No. 1, 224 Pa. 253. Error assigned was decree dismissing bill.
1Opinion of the Court
Opinion by
M. Justice Potter,
March 14, 1910:
The City of Carbondale was not a party to the litigation which led to the decision of this court in McCabe v. Watt, 224 Pa. 259, and the question of the legal obligation resting ■upon the city to extinguish the flames of a subterranean fire upon private property within its limits, -was not before the court for decision. It is a mistake therefore, to assume that the legal duty of the city to cut off or extinguish the fire under such circumstances, was passed upon or decided in that case. What the authorities of a municipality ought to do in the…
2Cases cited1 opinion
- McCabe v. WattSupreme Court of Pennsylvania · 1909
3Cited by6 opinions
- Red Canyon Sheep Co. v. IckesCourt of Appeals for the D.C. Circuit · 1938
- Philadelphia Electric Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1930
- Borough of Scottdale v. National Cable Television Corp.Supreme Court of Pennsylvania · 1977
- Valley Rys. v. Mechanicsburg BoroughSupreme Court of Pennsylvania · 1919
- Bell Telephone Co. of Pennsylvania's AppealSuperior Court of Pennsylvania · 1939
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