Legal Opinion

Koons v. McNamee

Superior Court of Pennsylvania

Decided February 19, 1898No. Appeal, No. 131PublishedCited by 11 opinions

Appeal, No. 131, Oct. T., 1897, by plaintiff, from ¡judgment of C. P. No. 4, Phila. Co., June T., T896, No. 703, in favor of defendant, on verdict for plaintiff, subject to point of law reserved as to whether the plaintiff could recover. Trespass for cutting off the water and drain pipe which flowed through defendant’s property. Before Audenreid, J. The facts sufficiently appear in the opinion of the court.

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Appeal, No. 131, Oct. T., 1897, by plaintiff, from ¡judgment of C. P. No. 4, Phila. Co., June T., T896, No. 703, in favor of defendant, on verdict for plaintiff, subject to point of law reserved as to whether the plaintiff could recover. Trespass for cutting off the water and drain pipe which flowed through defendant’s property. Before Audenreid, J. The facts sufficiently appear in the opinion of the court. The court below directed the jury to render a verdict for the plaintiff for $ 104, subject to a point of law reserved as to whether the plaintiff could recover. Judgment was subsequently…

1Opinion of the Court

Opinion by

Rice, P. J.,

The plaintiff is the owner of two lots of ground on Palethorp street in the city of Philadelphia, and the defendant is the owner of a lot on Second street abutting on the plaintiff’s lots. Both these properties were originally owned by John McNulty. The plaintiff acquired her title in 1884 from the purchaser at sheriff’s sale under a judgment on a mortgage given by John Mc-Nulty in 1879. The defendant acquired his by deed from the heirs of- John McNulty in May, 1891.

In 1874 or 1875, Mr. McNulty built two houses on the Palethorp street lots, and from that time until the…

2Cases cited30 opinions

  1. Kieffer v. ImhoffSupreme Court of Pennsylvania · 1856
  2. Grace Methodist Episcopal Church v. DobbinsSupreme Court of Pennsylvania · 1893
  3. Newhard v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
  4. Phillips v. PhillipsSupreme Court of Pennsylvania · 1864
  5. Zell v. Universalist SocietySupreme Court of Pennsylvania · 1888

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3Cited by11 opinions

  1. Becker v. RittenhouseSupreme Court of Pennsylvania · 1929
  2. Heffley v. LohrSuperior Court of Pennsylvania · 1942
  3. Spaeder v. TabakSuperior Court of Pennsylvania · 1952
  4. Anania v. SerentaSupreme Court of Pennsylvania · 1923
  5. Baslego v. Kruleskie Et Ux.Superior Court of Pennsylvania · 1947

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