Morgan v. Duquesne Borough
Superior Court of Pennsylvania
Appeal, No. 122, April T., 1905, by defendant, from judgment of C. P. No. 2, Allegheny Co., April T., 1902, No. 637, on verdict for plaintiff in case of Isabella L. Morgan v. The Borough of Duquesne. Trespass to recover damages to real estate. Before Frazer, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $500. Defendant appealed.
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Appeal, No. 122, April T., 1905, by defendant, from judgment of C. P. No. 2, Allegheny Co., April T., 1902, No. 637, on verdict for plaintiff in case of Isabella L. Morgan v. The Borough of Duquesne. Trespass to recover damages to real estate. Before Frazer, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $500. Defendant appealed. Errors assigned were as follows: 1. The court erred in refusing defendant’s points, which were as follows : , That in order to hold defendant liable for damages you must first find that defendant’s pipe was…
1Opinion of the Court
Opinion by
Morrison, J.,
This was an action in trespass brought by the plaintiff *102against the defendant to recover damages to her real estate caused, as alleged, from the leaking of one of the defendant’s water mains laid along and under Third street, above and near the plaintiff’s property. The case was submitted to the jury and the result was a verdict in favor of the plaintiff for $500 and judgment was entered thereon, and the defendant appealed to this court.
If the learned court adopted the correct theory of law in the trial of the case, then it is apparent from an examination of the…
2Cases cited6 opinions
- Briegel v. City of PhiladelphiaSupreme Court of Pennsylvania · 1890
- Kibele v. City of PhiladelphiaSupreme Court of Pennsylvania · 1884
- City of Philadelphia v. GilmartinSupreme Court of Pennsylvania · 1872
- Bodge v. PhiladelphiaSupreme Court of Pennsylvania · 1895
- Rumsey v. City of PhiladelphiaSupreme Court of Pennsylvania · 1895
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3Cited by17 opinions
- Armstrong & Latta v. City of PhiladelphiaSupreme Court of Pennsylvania · 1915
- Carroll v. HannanSupreme Court of Pennsylvania · 1927
- Muchow v. SCHAFFNER Et Ux.Superior Court of Pennsylvania · 1956
- McAmbley v. MartinSuperior Court of Pennsylvania · 1930
- City of Tallapoosa v. GoebelCourt of Appeals of Georgia · 1940
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