Schwindt v. Lehigh Water Co.
Superior Court of Pennsylvania
Appeal, No. 36, Oct. T., 1906, by defendant, from judgment of C. P. Northampton Co., Feb. T., 1905, No. 24, on verdict for plaintiff in the case of Mary Schwindt v. Lehigh Water Company. Trespass to recover damages for injuries to property by the bursting of a water main. The facts appear by the opinion of the Superior Court. Yerdict for plaintiff for $1,035.64 on which judgment was entered. Defendant appealed.
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Appeal, No. 36, Oct. T., 1906, by defendant, from judgment of C. P. Northampton Co., Feb. T., 1905, No. 24, on verdict for plaintiff in the case of Mary Schwindt v. Lehigh Water Company. Trespass to recover damages for injuries to property by the bursting of a water main. The facts appear by the opinion of the Superior Court. Yerdict for plaintiff for $1,035.64 on which judgment was entered. Defendant appealed. Error assigned was refusal to enter judgment for defendant non obstante veredicto.
1Opinion of the Court
Opinion by
Orlady, J.,
The defendant requested the court to give binding instructions in its favor, and not succeeding in this, entered a rule for judgment non obstante veredicto which was als'o resolved against it. The burden of its contention now is, that the court erred in both instances.
*24The undisputed testimony shows that its water main, a cast iron pipe, had been in the same location it occupied when the plaintiff’s premises were flooded for at least forty-six years. When originally constructed and for many years thereafter it had been under a pressure of about sixty pounds to the square…
2Cases cited11 opinions
- Koelsch v. Philadelphia Co.Supreme Court of Pennsylvania · 1893
- Helbling v. Allegheny Cemetery Co.Supreme Court of Pennsylvania · 1902
- Kibele v. City of PhiladelphiaSupreme Court of Pennsylvania · 1884
- Hartman v. Citizens Natural Gas Co.Supreme Court of Pennsylvania · 1904
- Devlin v. Beacon Light Co.Supreme Court of Pennsylvania · 1901
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3Cited by3 opinions
- Ruhl v. PhiladelphiaSupreme Court of Pennsylvania · 1942
- Zimmer v. PhiladelphiaSuperior Court of Pennsylvania · 1914
- Riegel & Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1929