Durante v. Alba
Supreme Court of Pennsylvania
Appeal, No. 207, Jan. T., 1920, by defendant, from judgment of C. P. Montgomery Co., Oct. T., 1917, No. 190, for plaintiff on case tried by the court without a jury in case of John Durante and Nunzio Bucci v. Michael Alba. Trespass for destruction of a building caused by withdrawal of lateral support. Before Miller, J. The facts appear by the opinion of the Supreme Court. The case was tried by agreement of the parties by the court without a jury.
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Appeal, No. 207, Jan. T., 1920, by defendant, from judgment of C. P. Montgomery Co., Oct. T., 1917, No. 190, for plaintiff on case tried by the court without a jury in case of John Durante and Nunzio Bucci v. Michael Alba. Trespass for destruction of a building caused by withdrawal of lateral support. Before Miller, J. The facts appear by the opinion of the Supreme Court. The case was tried by agreement of the parties by the court without a jury. Miller, J., entered judgment for plaintiffs for $3,991.65. Defendant appealed. Errors assigned were in overruling various exceptions to the court’s…
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
The owner of a tract of ground, upon which was erected a brick building, sold to plaintiffs a part of the land with the building thereon, retaining the balance of the *446property extending to the side of said building. Subsequently this balance, by various mesne conveyances, became vested in defendant, Avho proceeded to erect a store on it, the cellar of Avhich Avas to extend beloAV the bottom of the foundation Avail of plaintiffs’ house, the division Avail Avhereof Avas, hOAvever, to be used as a party Avail, defendant having purchased from plaintiffs the right to…
2Cases cited7 opinions
- Rabe v. Shoenberger Coal Co.Supreme Court of Pennsylvania · 1906
- Kieffer v. ImhoffSupreme Court of Pennsylvania · 1856
- Seibert v. LevanSupreme Court of Pennsylvania · 1848
- Richart v. ScottSupreme Court of Pennsylvania · 1838
- Malone v. PierceSupreme Court of Pennsylvania · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- King v. McGuffTexas Supreme Court · 1950
- Lytle, Campbell & Co. v. Somers, Fitler & Todd Co.Supreme Court of Pennsylvania · 1923
- Leebov v. United States Fidelity & Guaranty Co.Supreme Court of Pennsylvania · 1960
- Kosco v. Hachmeister, Inc.Supreme Court of Pennsylvania · 1959
- Pollock v. Pittsburgh, Bessemer & Lake Erie R. R.Supreme Court of Pennsylvania · 1922
20 more not listed; retrieve them via the Exa API.