Fow v. Roberts
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of July Term, 1884, No. 17. Case, by George Fow against Elizabeth Roberts. On the trial, before Mitchell, J., the following facts appeared: The plaintiff owned and occupied the house No. 1133 Marlborough Street, in the city of Philadelphia. Immediately adjoining on the north are certain premises owned by defendant, and leased to certain tenants.
Read the full summary
Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of July Term, 1884, No. 17. Case, by George Fow against Elizabeth Roberts. On the trial, before Mitchell, J., the following facts appeared: The plaintiff owned and occupied the house No. 1133 Marlborough Street, in the city of Philadelphia. Immediately adjoining on the north are certain premises owned by defendant, and leased to certain tenants. On said premises of defendant are erected three houses, the first, on the corner Girard Avenue and Marlborough Street; the second, on Girard Avenue, immediately adjoining; the third…
1Opinion of the CourtJustice Paxson
It needs but a cursory examination of the evidence in this case to see that the privy well complained of was a nuisance of the most offensive character. It was situated but one foot from the line which divided the property of the plaintiff from that of the defendant, and when filled to a certain point the filthy matter percolated through the wall into plaintiff’s cellar. Indeed, there appears to have been little dispute at the trial below either as to the existence of the nuisance or its character ; the main question was who was liable therefor, the tenant in possession or the landlord who…
2Cited by10 opinions
- Harris (Et Ux.) v. Lewistown Tr. Co.Supreme Court of Pennsylvania · 1936
- McLaughlin v. KellySupreme Court of Pennsylvania · 1911
- Brown v. WhiteSupreme Court of Pennsylvania · 1902
- Wunder v. McLeanSupreme Court of Pennsylvania · 1890
- Deutsch v. MaxSupreme Court of Pennsylvania · 1935
5 more not listed; retrieve them via the Exa API.