Levenite v. City of Lancaster

Supreme Court of Pennsylvania

Levenite v. City of Lancaster

64 A. 782, 215 Pa. 576, 1906 Pa. LEXIS 852

CourtSupreme Court of Pennsylvania

DecidedMay 24, 1906

DocketAppeal, No. 278

StatusPublished

Cited by1 cases

This text of 64 A. 782 (Levenite v. City of Lancaster) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Levenite v. City of Lancaster, 64 A. 782, 215 Pa. 576, 1906 Pa. LEXIS 852 (Pa. 1906).

Pincite

Opinion

Peb Cttbiam,

At the trial the plaintiff proved that the excavation in the street was made by an independent contractor under a permit from the city. He might have done better by stopping with the proof of his own case. The argument in support of this appeal is that the city was not relieved from liability because no lawful permit had been obtained. This is a clear shifting of position because of after-discovered law and raises a question not involved in the trial. The case was properly tried on the issue raised, and the judgment is affirmed on the opinion of the learned judge of the commoxi pleas. '

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Peb Cttbiam,

At the trial the plaintiff proved that the excavation in the street was made by an independent contractor under a permit from the city. He might have done better by stopping with the proof of his own case. The argument in support of this appeal is that the city was not relieved from liability because no lawful permit had been obtained. This is a clear shifting of position because of after-discovered law and raises a question not involved in the trial. The case was properly tried on the issue raised, and the judgment is affirmed on the opinion of the learned judge of the commoxi pleas. '

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Bluebook (online)

64 A. 782, 215 Pa. 576, 1906 Pa. LEXIS 852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levenite-v-city-of-lancaster-pa-1906.

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