Legal Opinion

Edwards v. Williamsport

Superior Court of Pennsylvania

Decided April 20, 1908No. Appeal, No. 23PublishedCited by 1 opinion

Appeal, No. 23, March T., 1907, by defendant, from judgment of C. P. Lycoming Co., March T., 1906, No. 582, on verdict for plaintiffs in case of Nicholas M. Edwards and Edward Carter Edwards v. City of Williamsport. Trespass to recover damages for injuries to plaintiff's premises on West Third street in the city of Williamsport. Before Omerod, P. J., specially presiding. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 23, March T., 1907, by defendant, from judgment of C. P. Lycoming Co., March T., 1906, No. 582, on verdict for plaintiffs in case of Nicholas M. Edwards and Edward Carter Edwards v. City of Williamsport. Trespass to recover damages for injuries to plaintiff's premises on West Third street in the city of Williamsport. Before Omerod, P. J., specially presiding. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $500. Defendant appealed. Error assigned amongst others was in refusing binding instructions for defendant.

1Opinion of the Court

Opinion by

Morrison, J.,

The appellant’s counsel has not seen fit to furnish us with a copy of the plaintiff’s declaration, and, therefore, we must gather from the evidence, arguments, etc., the nature of the plaintiff’s claim. We understand it to be an action in trespass to recover damages for injuries to a stone wall erected and maintained in front of the plaintiff’s property on a public street in the city of Williamsport, and to plaintiffs’ cellar at that point; said damages alleged to have been caused by the negligence of the city authorities.

The learned counsel for the appellant, in his…

2Cases cited8 opinions

  1. Briegel v. City of PhiladelphiaSupreme Court of Pennsylvania · 1890
  2. Bohan v. Avoca BoroughSupreme Court of Pennsylvania · 1893
  3. Torrey v. City of Scranton, Pennsylvania Court of Common Pleas, Lackawanna County1890
  4. Allentown v. KramerSupreme Court of Pennsylvania · 1873
  5. Gift v. City of ReadingSuperior Court of Pennsylvania · 1897

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3Cited by1 opinion

  1. Kester v. Main TownshipSuperior Court of Pennsylvania · 1914

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