Levine v. McClenathan
Supreme Court of Pennsylvania
Appeal, No. 157, Jan. T., 1914, by a plaintiff, from judgment of C. P., Payette Co., Dec. T., 1912, No. 20, refusing to take off nonsuit in case of Max Levine v. J. C. McClenathan. Trespass to recover damages for consequential injuries to plaintiff’s stock of merchandise. Before Umbel, P. J. The opinion of the Supreme Court states the case. The trial judge directed a compulsory nonsuit, which the court subsequently refused to take off. Plaintiff appealed.
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Appeal, No. 157, Jan. T., 1914, by a plaintiff, from judgment of C. P., Payette Co., Dec. T., 1912, No. 20, refusing to take off nonsuit in case of Max Levine v. J. C. McClenathan. Trespass to recover damages for consequential injuries to plaintiff’s stock of merchandise. Before Umbel, P. J. The opinion of the Supreme Court states the case. The trial judge directed a compulsory nonsuit, which the court subsequently refused to take off. Plaintiff appealed. Error assigned was in refusing to take off the nonsuit.
1Opinion of the Court
Opinion of
Mr. Justice Elkin,
This is an action of trespass for damages to a stock of merchandise caused by water leaking through the roof of the demised premises, or as appellant contends through the bottom of light wells which served to furnish light to the second and third stories of the same building. At the conclusion of the testimony introduced *376by appellant the learned court below directed a compulsory nonsuit to be entered and subsequently overruled the motion to take it off. The two assignments of error relate to these matters. It is well settled in our State that no implied covenant…
2Cases cited3 opinions
- Moore v. WeberSupreme Court of Pennsylvania · 1872
- Reeves v. McComeskeySupreme Court of Pennsylvania · 1895
- Barns v. WilsonSupreme Court of Pennsylvania · 1887
3Cited by14 opinions
- Harris (Et Ux.) v. Lewistown Tr. Co.Supreme Court of Pennsylvania · 1936
- Lopez v. GukenbackSupreme Court of Pennsylvania · 1958
- Henze v. Texaco, Inc.Supreme Court of Pennsylvania · 1986
- Solomon v. Neisner Bros.District Court, M.D. Pennsylvania · 1950
- Federal Metal Bed Co. v. Alpha Sign Co.Supreme Court of Pennsylvania · 1927
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