Banet v. City of Philadelphia

Opinion

per Curiam,

The six judges who heard this appeal being equally divided, the judgments are affirmed.

Opinion

by Hoffman, J.,

In Support of Reversal :

Appellants contend that the trial court erred in refusing to charge the jury on the doctrine of exclusive control.

On April 14, 1965, a 48" water main broke at the intersection of Frankford and Torresdale Avenues in Northeast Philadelphia. The water pipe was manufactured of cast iron and laid in the ground about 1908. Appellants, who maintained business establishments in the general area, suffered extensive water damage from the resultant flood…