Legal Opinion

Richart v. Scott

Supreme Court of Pennsylvania

Decided September 15, 1838PublishedCited by 8 opinions

ERROR to the district court of Alleghany county. William Richart against Thomas Scott. Acli.on on the case. The plaintiff was the lessee of a building on Market street, Pittsburgh, and the defendant had contracted to build a range of houses for Mr Brackenridge the owner of the adjoining lot. The wall of the plaintiff’s house was built on the line of partition between the lots.

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ERROR to the district court of Alleghany county. William Richart against Thomas Scott. Acli.on on the case. The plaintiff was the lessee of a building on Market street, Pittsburgh, and the defendant had contracted to build a range of houses for Mr Brackenridge the owner of the adjoining lot. The wall of the plaintiff’s house was built on the line of partition between the lots. The defendant, excavated the ground on the lot of Mr Brackenridge, for the purpose of making cellars and laying the foundation of his wall near to the plaintiff’s house, in consequence of which the plaintiff’s kitchen…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

The first error assigned here has been abandoned. The second presents the principal question; and one which, on account of its connexion with almost daily occurrences in our state, more especially in our improving cities and towns, is therefore of some interest, and requires a distinct expression of opinion from this court in regard to it: so that all concerned in the erection of new buildings may know what they are bound to do, as well in justice to them*461selves as to others; and how to govern themselves in such manner as to avoid incurring…

2Cases cited1 opinion

  1. Hoy v. SterrettSupreme Court of Pennsylvania · 1834

3Cited by8 opinions

  1. Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
  2. Durante v. AlbaSupreme Court of Pennsylvania · 1920
  3. McGettigan v. PottsSupreme Court of Pennsylvania · 1892
  4. Thompson v. DeLongSupreme Court of Pennsylvania · 1920
  5. Block v. HaseltineIndiana Court of Appeals · 1892

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