Philadelphia ex rel. DePaul v. Philadelphia Authority for Industrial Development

Opinion by

Cercone, J.,

This appeal arises from the lower court’s denial of the defendant-appellant’s exceptions following a verdict for the plaintiff in an assumpsit action. The trial court, sitting without a jury, found that the appellant was liable for the reconstruction of sidewalks and curbing on Paul and Orthodox Streets in Philadelphia performed by the use plaintiff, Tony DePaul and Sons, pursuant to the general Ordinance, §11-505 of the Philadelphia Code.1 On review of all the evidence, even cast in the light most favorable to the plaintiff, we find the lower court erred and we,…