Ingram v. Philadelphia
Superior Court of Pennsylvania
Appeal, No. 138,' Oct. T., 1907, by defendant, from order of C. P. No. 2, Phila. Co., Dec. T., 1906, No. 4,745, overruling exceptions to report of referee in case of James E. Ingram v. City of Philadelphia. Exceptions to report of David McCoach, Esq., referee. The facts are stated in the opinion of the Superior Court.
Read the full summary
Appeal, No. 138,' Oct. T., 1907, by defendant, from order of C. P. No. 2, Phila. Co., Dec. T., 1906, No. 4,745, overruling exceptions to report of referee in case of James E. Ingram v. City of Philadelphia. Exceptions to report of David McCoach, Esq., referee. The facts are stated in the opinion of the Superior Court. The referee found in favor of the plaintiff for $500. Defendant appealed. ' Error assigned was in dismissing exceptions to report of referee. — Plaintiff failed to show the existence of a defect in the highway, for which the city is bound to respond in damages: Borough of Mauch…
1Opinion of the Court
Opinion by
Morrison, J.,
This is an action of trespass based on the alleged negligence of defendant. The parties waived a jury trial under the Act of May 14, 1874, P. L. 166, and the supplement thereto of May 4, 1889, P. L. 80, and referred the case to a referee, learned in the *307law, who heard the plaintiff’s testimony (the defendant offering no testimony), and found in favor of the plaintiff, assessing his damages at $500. The learned court below dismissed exceptions to this report and entered judgment thereon, without filing M opinion and without giving any reasons whatever. We must,…
2Cases cited10 opinions
- McLaughlin v. City of CorrySupreme Court of Pennsylvania · 1875
- Decker v. Scranton CitySupreme Court of Pennsylvania · 1892
- Manross v. City of Oil CitySupreme Court of Pennsylvania · 1896
- Borough of Mauch Chunk v. KlineSupreme Court of Pennsylvania · 1882
- Smith v. City of New CastleSupreme Court of Pennsylvania · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bailey v. Oil CitySupreme Court of Pennsylvania · 1931
- Thomas v. City of New CastleSuperior Court of Pennsylvania · 1929
- Coleman Et Ux. v. City of ScrantonSuperior Court of Pennsylvania · 1930
- Smith v. Shamokin BoroughSupreme Court of Pennsylvania · 1920