Legal Opinion

Schweriner v. Philadelphia

Superior Court of Pennsylvania

Decided December 12, 1907No. Appeal, No. 134PublishedCited by 1 opinion

Appeal, No. 134, Oct. T., 1907, by-plaintiff, from judgment of C. P. No. 3, Phila. Co., June T., 1905, No. 4,855, on verdict for defendant non obstante veredicto in case of Clara Schweriner v. Philadelphia. Trespass to recover damages for injuries to stock of goods. Before McMichael, J. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 134, Oct. T., 1907, by-plaintiff, from judgment of C. P. No. 3, Phila. Co., June T., 1905, No. 4,855, on verdict for defendant non obstante veredicto in case of Clara Schweriner v. Philadelphia. Trespass to recover damages for injuries to stock of goods. Before McMichael, J. The facts are stated in the opinion of the Superior Court. Error assigned was in entering judgment for defendant non obstante veredicto. — The city was. liable: Huddleston v. Killbuck Twp., Ill Pa. 110; Torrey v. Scranton, 133 Pa. 173.; Elliott v. Oil City, 129 Pa. 570; Taylor v. Canton Twp., 30 Pa. Superior…

1Opinion of the Court

Opinion b,y

Henderson J.,

The plaintiff occupied the .house No. 5725 Germantown avenue, in Philadelphia, as a tenant and carried on a shoe store in a part of the building. She went into possession of the premises in June, 1904. August 6, 1905, during a heavy rain a large quantity of water flowed into the basement of her premises and into the storeroom, wetting and injuring a part of her merchandise. This water the plaintiff alleges came from the surface of Vernon Park, one of the public parks of the city, from which it flowed onto Germantown avenue and into her premises. The complaint set forth…

2Cases cited5 opinions

  1. Strauss v. AllentownSupreme Court of Pennsylvania · 1906
  2. Stork v. City of PhiladelphiaSupreme Court of Pennsylvania · 1900
  3. Carr v. Northern LibertiesSupreme Court of Pennsylvania · 1860
  4. Fair v. City of PhiladelphiaSupreme Court of Pennsylvania · 1879
  5. Herr v. AltoonaSuperior Court of Pennsylvania · 1906

3Cited by1 opinion

  1. Aron v. PhiladelphiaSupreme Court of Pennsylvania · 1932

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