Legal Opinion

McKeand v. Skirboll

Superior Court of Pennsylvania

Decided August 15, 1913No. Appeal, No. 112PublishedCited by 2 opinions

Appeal, No. 112, April T., 1913, by plaintiff, from judgment of C. P. Allegheny Co., March T., 1908, No. 452, for defendants on case stated in case of James McKeand v. Israel Skirboll and Charles Gothe. Case stated to determine liability for damages to a building.

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Appeal, No. 112, April T., 1913, by plaintiff, from judgment of C. P. Allegheny Co., March T., 1908, No. 452, for defendants on case stated in case of James McKeand v. Israel Skirboll and Charles Gothe. Case stated to determine liability for damages to a building. The case stated was as follows: On and prior to September 17, 1907, the plaintiff and Israel Skirboll, one of the defendants, were the owners in fee of adjoining lots of land situate on the easterly side of Shiloh street, of the new nineteenth ward, city of Pittsburg of said county; the plaintiff’s lot being on the southerly side of…

1Opinion of the Court

Opinion by

Head, J.,

The plaintiff seeks to recover substantial damages to compensate him for an injury to his building, which injury he alleges was caused by the unlawful or negligent *31act of the defendants. The facts upon which he relies to support his claim are to be found in a case stated, signed by the parties and filed, upon which the judgment of the learned court below was sought. If the case stated does not furnish a legal basis for the judgment he seeks, his demand for such judgment must be denied.

The plaintiff and defendant Skirboll were the owners respectively of two adjoining lots on…

2Cases cited4 opinions

  1. Water Co. v. WareSupreme Court of the United States · 1873
  2. McGettigan v. PottsSupreme Court of Pennsylvania · 1892
  3. McClelland v. SchwerdSuperior Court of Pennsylvania · 1907
  4. Freseman v. PurvisSuperior Court of Pennsylvania · 1912

3Cited by2 opinions

  1. Diksajtsz v. BroszSuperior Court of Pennsylvania · 1931
  2. Spratt v. Reymer & Bros.Superior Court of Pennsylvania · 1914

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