Legal Opinion

Butchers' Ice & Coal Co. v. Phila.

Supreme Court of Pennsylvania

Decided July 19, 1893No. Appeal, No. 18PublishedCited by 5 opinions

Appeal, No. 18, Jan. T., 1893, by defendant, from judgment of C. P. No. 1, Pbila. Co., March T., 1891, No. 569, on verdict for plaintiffs. Trespass for injuries to wharf by construction of sewer. At the trial, before Allison, P. J., it appeared that plaintiffs were owners of a wharf on the Delaware river in the city of Philadelphia. The wharf extended into the river 162 feet. The adjoining wharf, owned by the city, extended into the river 275 feet.

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Appeal, No. 18, Jan. T., 1893, by defendant, from judgment of C. P. No. 1, Pbila. Co., March T., 1891, No. 569, on verdict for plaintiffs. Trespass for injuries to wharf by construction of sewer. At the trial, before Allison, P. J., it appeared that plaintiffs were owners of a wharf on the Delaware river in the city of Philadelphia. The wharf extended into the river 162 feet. The adjoining wharf, owned by the city, extended into the river 275 feet. Between these wharves was a dock 60 feet wide. By an ordinance passed in 1889 in pursuance of the authority conferred upon the city by act of…

1Opinion of the Court

Opinion by

Me. Justice McCollum,

A considerable portion of the appellant’s printed argument *57is devoted to the discussion of a question which is not on the record. There was no exception taken in the court below to the admission of the evidence in relation to the market value of the wharf property before and after the construction of the sewer, and consequently there is no specification of error in this court which requires us to consider' whether such evidence was appropriate to the issue.

The first specification complains that the objections to a question contained in it were overruled, but as…

2Cases cited3 opinions

  1. Carr v. Northern LibertiesSupreme Court of Pennsylvania · 1860
  2. Fair v. City of PhiladelphiaSupreme Court of Pennsylvania · 1879
  3. Collins v. City of PhiladelphiaSupreme Court of Pennsylvania · 1880

3Cited by5 opinions

  1. Betham v. PhiladelphiaSupreme Court of Pennsylvania · 1900
  2. Owens v. City of LancasterSupreme Court of Pennsylvania · 1897
  3. City of New Orleans v. New Orleans Water-works Co.Supreme Court of Louisiana · 1884
  4. Bigham v. City of PittsburghSuperior Court of Pennsylvania · 1924
  5. City of New Orleans v. Louisiana Savings Bank & Safe Deposit Co.Supreme Court of Louisiana · 1879

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