Herron v. Duquesne Borough
Supreme Court of Pennsylvania
Appeal, No. 172, April T., 1907, by defendant, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1904, No. 74, on verdict for plaintiff in case of Joseph A. Herron et al. v. Duquesne Borough. Trespass to recover damages to property caused by leakage of a water main. Before Shaeer, J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $1,026. Defendant appealed.
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Appeal, No. 172, April T., 1907, by defendant, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1904, No. 74, on verdict for plaintiff in case of Joseph A. Herron et al. v. Duquesne Borough. Trespass to recover damages to property caused by leakage of a water main. Before Shaeer, J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $1,026. Defendant appealed. Errors assigned were (1, 2) the instructions quoted in the opinion of the Superior Court.
1Opinion of the Court
Opinion by
Beaver, J.,
The claim of the plaintiffs in the court below was for damages, resulting to a dwelling house, caused by negligence in the construction and maintenance of a water pipe belonging *232to the defendant municipality, laid along Patterson avenue above the dwelling, the lot upon which the same was erected being upon a hillside which inclined at a sharp angle to Center street, 120 feet below.
The pipe referred to was a part of the general water system owned by the municipality, through which the inhabitants of the borough were supplied with water.
The assignments of error relate to…
2Cases cited2 opinions
- Morgan v. Duquesne BoroughSuperior Court of Pennsylvania · 1905
- McHale v. BoroughSuperior Court of Pennsylvania · 1900
3Cited by2 opinions
- City of Tallapoosa v. GoebelCourt of Appeals of Georgia · 1940
- Hindes v. PittsburghSuperior Court of Pennsylvania · 1944