Abraham v. Yardum
Superior Court of Pennsylvania
Appeal, No. 122, April T., 1915, by plaintiffs, from judgment of C. P. Allegheny Co., Oct. T., 1912, No. 1638, on verdict for defendants in case of Emilie R. Abraham', et al., Guardian of George W. Heer, et al., v. H. B. Yardum and Virginie H. Yardum, his wife. Head, J., dissents. Trespass to recover damages for injuries to property from leakage from a water pipe. Before Dávis, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 122, April T., 1915, by plaintiffs, from judgment of C. P. Allegheny Co., Oct. T., 1912, No. 1638, on verdict for defendants in case of Emilie R. Abraham', et al., Guardian of George W. Heer, et al., v. H. B. Yardum and Virginie H. Yardum, his wife. Head, J., dissents. Trespass to recover damages for injuries to property from leakage from a water pipe. Before Dávis, J. The facts are stated in the opinion of the Superior Court. Thé court gave binding instructions for defendants. Verdict and judgment for defendants. Error assigned was in giving binding instructions for defendants.
1Opinion of the Court
Opinion by
Henderson, J.,
The material facts out of which the plaintiff’s action arises are not controverted. The defendants owned a lot abutting on St. Clair street in the City of Pittsburgh near the intersection of that street with Eva street. A former owner of the premises laid a pipe which was connected with the city water line on the latter street through which water was supplied to the plaintiffs’ house and another house in the immediate vicinity. This service pipe extended from the city water line under the cartway of Eva street for about one hundred feet and thence into the premises now…
2Cases cited13 opinions
- Koelsch v. Philadelphia Co.Supreme Court of Pennsylvania · 1893
- Briegel v. City of PhiladelphiaSupreme Court of Pennsylvania · 1890
- Heh v. Consolidated Gas Co.Supreme Court of Pennsylvania · 1902
- Hauck v. Tidewater Pipe Line Co.Supreme Court of Pennsylvania · 1893
- Kibele v. City of PhiladelphiaSupreme Court of Pennsylvania · 1884
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3Cited by4 opinions
- Albig v. MUN. AUTH. OF WESTMORELAND CTY.Supreme Court of Pennsylvania · 1985
- Allied Realty Co. v. City of PhiladelphiaSuperior Court of Pennsylvania · 1928
- Clouse v. CrowSuperior Court of Pennsylvania · 1917
- Albig v. MUN. AUTH. OF WESTMORELAND CTY.Supreme Court of Pennsylvania · 1985