Legal Opinion

Jackman v. Rosenbaum Co.

Supreme Court of Pennsylvania

Decided January 4, 1919No. Appeal, No. 33PublishedCited by 62 opinions

Appeal, No. 33, Oct. T., 1918, by plaintiff, from order of C. P. Allegheny Co., April T., 1915, No. 1373, entering judgment for defendant n. o. v. in case of Edward F. Jackman v. The Rosenbaum Company. Trespass for injury to a building.

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Appeal, No. 33, Oct. T., 1918, by plaintiff, from order of C. P. Allegheny Co., April T., 1915, No. 1373, entering judgment for defendant n. o. v. in case of Edward F. Jackman v. The Rosenbaum Company. Trespass for injury to a building. Before Cohen, J. From the record it appeared that the action was to recover damages for injuries to the Duquesne Theatre, owned by plaintiff, and situated on Penn avenue, Pittsburgh, caused by the removal of an old wall on plaintiff’s property, which had been condemned by the city authorities and ordered removed. The defendant removed the wall so that a…

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

A proper consideration of the many important points involved in the present case requires unusually lengthy treatment; therefore, to facilitate a ready understanding of, and future reference to, this opinion, we have divided it into appropriate heads, as follows: (I) Statement of case, including contentions of parties, with positions of the court below in reference thereto and its final judgment. (II) History of party-wall system, and legislation. (Ill) Police power and eminent domain. (IV) Constitutional points. (V) Applicable general principles and…

2Cases cited39 opinions

  1. Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
  2. Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
  3. Leisy v. HardinSupreme Court of the United States · 1890
  4. United States v. Wong Kim ArkSupreme Court of the United States · 1898
  5. Smith v. AlabamaSupreme Court of the United States · 1888

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

3Cited by62 opinions

  1. Singer v. SheppardSupreme Court of Pennsylvania · 1975
  2. Lamb v. Wedgewood South Corp.Supreme Court of North Carolina · 1983
  3. Freezer Storage, Inc. v. Armstrong Cork Co.Supreme Court of Pennsylvania · 1978
  4. Gentile v. AltermattSupreme Court of Connecticut · 1975
  5. Parker v. Children's Hospital of Phila.Supreme Court of Pennsylvania · 1978

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

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