Stork v. Philadelphia

Supreme Court of Pennsylvania

Stork v. Philadelphia

49 A. 236, 199 Pa. 462, 1901 Pa. LEXIS 634

CourtSupreme Court of Pennsylvania

DecidedMay 27, 1901

DocketAppeal, No. 363

StatusPublished

Cited by8 cases

This text of 49 A. 236 (Stork v. Philadelphia) 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

Stork v. Philadelphia, 49 A. 236, 199 Pa. 462, 1901 Pa. LEXIS 634 (Pa. 1901).

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Opinion

Opinion by

Mb. Justice Mitchell,

The undisputed evidence shows that the city not only retained the right to determine when any underpinning or shoring up of foundations should be done (such work being the subject of extra compensation to the contractor), but did in fact refuse or neglect to authorize the shoring up of plaintiff’s house when the excavation was first made. This omission was the negligence complained of as the cause of the injury. There was evidence, therefore, on which the case must have gone to the jury, and under the agreement of the parties, the court was right in entering judgment for the plaintiff.

Judgment affirmed.

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Opinion by

Mb. Justice Mitchell,

The undisputed evidence shows that the city not only retained the right to determine when any underpinning or shoring up of foundations should be done (such work being the subject of extra compensation to the contractor), but did in fact refuse or neglect to authorize the shoring up of plaintiff’s house when the excavation was first made. This omission was the negligence complained of as the cause of the injury. There was evidence, therefore, on which the case must have gone to the jury, and under the agreement of the parties, the court was right in entering judgment for the plaintiff.

Judgment affirmed.

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Bluebook (online)

49 A. 236, 199 Pa. 462, 1901 Pa. LEXIS 634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stork-v-philadelphia-pa-1901.

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