Malpass v. Philadelphia
Superior Court of Pennsylvania
Appeal, No. 46, Oct. T., 1912, by defendant, from judgment of C. P. No. 3, Phila. Co., June T., 1904, No. 5,025, on verdict for plaintiff in case of Clara Davis Malpass, now intermarried with Albert C. Tudball, v. City of Philadelphia. Trespass to recover damages for injuries to real estate caused by an overflow of water from a street.
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Appeal, No. 46, Oct. T., 1912, by defendant, from judgment of C. P. No. 3, Phila. Co., June T., 1904, No. 5,025, on verdict for plaintiff in case of Clara Davis Malpass, now intermarried with Albert C. Tudball, v. City of Philadelphia. Trespass to recover damages for injuries to real estate caused by an overflow of water from a street. Before Ferguson, J. At the trial it appeared that on August 20, 1904, plaintiff’s property at 363 Leverington avenue in the city of Philadelphia was injured after a rain storm by a great flow of water from the street. The evidence was conflicting as to the…
1Opinion of the Court
Opinion by
Portee, J.,
The plaintiff brought this action of trespass to recover for injury to her property caused by an overflow of water from the street during a rain storm. She recovered a verdict and judgment in the court below and the defendant appeals. The only ruling of the court below assigned for error is the refusal of binding instructions in favor of the defendant.
The evidence produced by the plaintiff would have warranted a finding that the inlets to the sewer in the street from which the water came had for a long time been clogged, so that water could not enter them; that this…
2Cases cited5 opinions
- Helbling v. Allegheny Cemetery Co.Supreme Court of Pennsylvania · 1902
- Vanderslice v. City of PhiladelphiaSupreme Court of Pennsylvania · 1883
- Siegfried v. South Bethlehem BoroughSuperior Court of Pennsylvania · 1905
- Ringwalt v. BoroughSuperior Court of Pennsylvania · 1912
- Herr v. AltoonaSuperior Court of Pennsylvania · 1906
3Cited by2 opinions
- Pres. Hos. v. Phila.Supreme Court of Pennsylvania · 1938
- Presbyterian Hospital v. PhiladelphiaSupreme Court of Pennsylvania · 1938