Lawrence McFadden Co. v. Philadelphia
Superior Court of Pennsylvania
Appeal, No. 55, Oct. T., 1914, by defendant, from judgment of C. P. No. 5, Phila. Co., Sept. T., 1910, No. 671, on verdict for plaintiff in case of Lawrence McFadden Company v. Philadelphia. Appeal from award of jury of view. -Before Bald-ridge, J. At the trial it appeared that the plaintiff claimed damages for a change of grade of Fourth street between Bristol and Cayuga streets in the city of Philadelphia. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 55, Oct. T., 1914, by defendant, from judgment of C. P. No. 5, Phila. Co., Sept. T., 1910, No. 671, on verdict for plaintiff in case of Lawrence McFadden Company v. Philadelphia. Appeal from award of jury of view. -Before Bald-ridge, J. At the trial it appeared that the plaintiff claimed damages for a change of grade of Fourth street between Bristol and Cayuga streets in the city of Philadelphia. The facts are stated in the opinion of the Superior Court. When John J. Crout, a witness for plaintiff, was on the stand he was asked this question: Mr. Warner: “Q. What did you take into…
1Opinion of the Court
Opinion by
Kephart, J.,
The plaintiff is the owner of a lot of ground situated on the northeast corner of Fourth and Bristol streets, on which is erected a paint factory. The lot sloped from Bristol street northwestward and the surface water drained over Fourth Street. The city of Philadelphia graded Fourth street from Bristol to Cayuga street, leaving Fourth street above plaintiff’s property at some places eighteen inches. After the street was elevated, the water from heavy rains dammed back from Fourth street over the plaintiff’s lot, filling the fire and varnish pits which had been…
2Cases cited10 opinions
- Dawson v. PittsburghSupreme Court of Pennsylvania · 1893
- Patton v. City of PhiladelphiaSupreme Court of Pennsylvania · 1896
- Cox v. Philadelphia, Harrisburg & Pittsburg RailroadSupreme Court of Pennsylvania · 1906
- Coons v. McKees Rocks BoroughSupreme Court of Pennsylvania · 1914
- Devlin v. PhiladelphiaSupreme Court of Pennsylvania · 1903
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3Cited by2 opinions
- Kelly v. FulkersonDistrict Court, M.D. Pennsylvania · 1967
- Kline Et Ux. v. McKeesportSuperior Court of Pennsylvania · 1924