Legal Opinion

Silver Costume Co. v. Passant

Superior Court of Pennsylvania

Decided March 3, 1919No. Appeal, No. 122PublishedCited by 7 opinions

Appeal, No. 122, Oct. T., 1918, by defendant, from. judgment of Municipal Court of Philadelphia, Oct. T., 1917, No. 513, for plaintiff in case of Benjamin L. Silver, trading as Silver Costume Co. v. J. Edward Passant, trading as The Passant Company. Trespass to recover injury to stock. ■ Before Cassidy, J., without a jury. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 122, Oct. T., 1918, by defendant, from. judgment of Municipal Court of Philadelphia, Oct. T., 1917, No. 513, for plaintiff in case of Benjamin L. Silver, trading as Silver Costume Co. v. J. Edward Passant, trading as The Passant Company. Trespass to recover injury to stock. ■ Before Cassidy, J., without a jury. The facts are stated in the opinion of the Superior Court. The court found for the plaintiff and entered judgment in'favor of the plaintiff and against defendant for $425. Defendant appealed. ■ Errors assigned were various rulings on evidence; for refusal to grant a new…

1Opinion of the Court

Opinion by

Trexler, J.,

The plaintiff occupied the third floor of a building on Sansom street, Philadelphia, and the defendant with another tenant had possession of the fifth floor. On a Monday morning between five and eight o’clock the stock of the plaintiff was damaged by water coming through the ceiling and upon investigation it was found that a spigot on the fifth floor had been left open and the water overflowing caused the damage. The son of the defendant had been on the fifth floor on Sunday and had worked *254there. No one else had been there except that the night watchman had gone through…

2Cases cited6 opinions

  1. Shafer v. Lacock, Hawthorn & Co.Supreme Court of Pennsylvania · 1895
  2. Shannon v. CastnerSuperior Court of Pennsylvania · 1902
  3. Fisher v. RuchSuperior Court of Pennsylvania · 1900
  4. Levinson v. MyersSuperior Court of Pennsylvania · 1904
  5. Killion v. PowerSupreme Court of Pennsylvania · 1866

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Trouser Corp. of America v. Goodman & Theise, Inc.Court of Appeals for the Third Circuit · 1946
  2. Latella v. Breyer Ice Cream Co.Superior Court of Pennsylvania · 1925
  3. Wilf v. Philadelphia Modeling & Charm School, Inc.Superior Court of Pennsylvania · 1965
  4. Prager v. GordonSuperior Court of Pennsylvania · 1921
  5. House v. SchreiberSuperior Court of Pennsylvania · 1951

2 more not listed; retrieve them via the Exa API.

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