Atlantic Reporter Volume 32

Atlantic Reporter Volume 32

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: done In a month or so, then the city would not be responsible for that. The necessary result which was caused by the act of the city while the work was being done in reasonably prompt time the city may be responsible for, but not for anything else.' (() The court below erred In declining defendant's fourth point, as follows: 'Under all the evidence, the verdict should be for the defendant' (7) The court below erred in not referring in its charge to the testimony of William P. Fogg, the witness called by the defendant." George E. Fili and James Alcorn, Asst. City Sols., and Charles F. Warwick, City Sol., for appellant. Joseph de F. Junkln, for appellee. GREEN, J. This case Is quite similar to that of Justice v. City of Philadelphia (just decided) 32 Atl. 592. The lease to the plaintiff, however, of the premises in question, was made more than a year before the passage of the ordinance directing the widening of the street. It was a continuing lease from year to year If the tenant held over, which he did. The assignments of error raise some questions which did not arise in the Justice Case, but we think they were correctly ruled by the learned court below. The Jury was carefully and emphatically instructed that they could allow no damages to the plaintiff except for actual money loss caused by the necessary work of taking down, with care, the front of the building in question. They were specially Instructed that no allowance could be made for loss of profits and that element of the plaintiff's claim was entirely stricken ou. As to the first assignment of error, we think the evidence was properly admitted showing actual injury from dirt and grime which was necessarily encountered In doing the work, and which, it was claimed, more

Product details

  • Paperback
  • 189 x 246 x 56mm | 1,946g
  • United States
  • English
  • black & white illustrations
  • 1236832353
  • 9781236832351