Legal Opinion

Addis v. Hess

Superior Court of Pennsylvania

Decided November 21, 1905No. Appeal, No. 120PublishedCited by 3 opinions

Appeal, No. 120, Oct. T., 1905, by defendant, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1903, No. 1783, on verdict for plaintiff in case of Alice Addis, a minor, by her father, Charles A. Addis, individually, and Charles A. Addis, father of Robert D. Addis, a minor, deceased, v. Henry E. Hess or Harry E. Hess. Trespass to recover damages for the deatb of a child. Before McMichael, J. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 120, Oct. T., 1905, by defendant, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1903, No. 1783, on verdict for plaintiff in case of Alice Addis, a minor, by her father, Charles A. Addis, individually, and Charles A. Addis, father of Robert D. Addis, a minor, deceased, v. Henry E. Hess or Harry E. Hess. Trespass to recover damages for the deatb of a child. Before McMichael, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $212. Defendants appealed. Error assigned among others was in refusing binding instructions for…

1Opinion of the Court

Opinion by

Beater, J.,

The defendant was erecting a block of houses on the east side of Wanamaker street, which runs north from Arch, between Fifty-eighth and Fifty-ninth streets, in' the city of Philadelphia. He had a permit from the city authorities to use the street, within certain limits, for piling materials for his building operation. So far as appears by the evidence the lumber, which was part of his building material, was dumped or piled within the limits allowed. For the purposes of this case, therefore, the defendant was legally in possession of that portion of the street occupied by…

2Cases cited9 opinions

  1. Philadelphia & Reading Railroad v. LongSupreme Court of Pennsylvania · 1874
  2. Glassey v. Hestonville, Mantua & Fairmount Passenger Railway Co.Supreme Court of Pennsylvania · 1868
  3. Evers v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1896
  4. Smith v. Hestonville, Mantua & Fairmount Passenger Railway Co.Supreme Court of Pennsylvania · 1880
  5. Kessler v. BergerSupreme Court of Pennsylvania · 1903

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3Cited by3 opinions

  1. Dattola Et Ux. v. Burt Bros., Inc.Supreme Court of Pennsylvania · 1926
  2. Thompson v. Delaware, Lackawanna & Western RailroadSuperior Court of Pennsylvania · 1910
  3. Stodd v. City of PhiladelphiaU.S. Circuit Court for the District of Eastern Pennsylvania · 1910

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