Allentown v. Kramer
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lehigh county: No. .285, to January Term 1873. This was an action on the case by J. A. Kramer against the city of Allentown, for damages to his property from the overflow of the water from the streets of the city, occasioned by the construction of a bridge or culvert across Sixth street.
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Error to the Court of Common Pleas of Lehigh county: No. .285, to January Term 1873. This was an action on the case by J. A. Kramer against the city of Allentown, for damages to his property from the overflow of the water from the streets of the city, occasioned by the construction of a bridge or culvert across Sixth street. It was tried December 16th 1872, before Longaker, P. J. The plaintiff gave evidence that he owned a lot at the corner of Sixth and Linden streets, since April 3d 1866 when he bought it; his house was on Sixth street; the lot was low and he filled it up four or five feet;…
1Opinion of the Court
The opnion of the court was delivered, May 17th 1873, by
Agnew, J.
The question presented by this record is more limited than the range of the argument. It is true the evidence raised a question upon the power of the city of Allentown to grade, regulate and improve the streets; a power fully conferred by the charter of the city ; but the court seems to have committed the case to the jury on the single question of a negligent and unskilful construction of the bridge over the gutter of Linden street. It appears that the plaintiff’s lot lies low, and that at his own request the curbing along it…
2Cases cited4 opinions
- Case of "the Philadelphia & Trenton Rail Road"Supreme Court of Pennsylvania · 1840
- Green v. Borough of ReadingSupreme Court of Pennsylvania · 1840
- Henry v. Pittsburgh & Allegheny Bridge Co.Supreme Court of Pennsylvania · 1844
- Mayor v. RandolphSupreme Court of Pennsylvania · 1842
3Cited by11 opinions
- Scibilia v. PhiladelphiaSupreme Court of Pennsylvania · 1924
- Honaman v. PhiladelphiaSupreme Court of Pennsylvania · 1936
- Brooks v. Buckley & BanksSupreme Court of Pennsylvania · 1927
- Torrey v. City of Scranton, Pennsylvania Court of Common Pleas, Lackawanna County1890
- Cooper v. Scranton CitySuperior Court of Pennsylvania · 1902
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