SMITH V. BELL TEL. CO. OF PENNSYLVANIA
397 Pa. 134, 153 A.2d 477 (1959)
NATURE OF THE CASE: This was an appeal from a denial to take off a compulsory nonsuit.
FACTS: In 1948, Bell Telephone had County Contracting and Construction Company build an
underground conduit to carry telephone lines in Lansdowne, Pa. In 1950, after inspection
Plaintiff purchased a house on Baltimore Ave. and then later discovered that there was a
sewage leakage problem in his basement. In desperation for over 5 years, he sought out the
problem of the sewage leakage and eventually discovered that the underground conduit laid in
1948 was the root cause of the problem; it had crushed the sewer lateral and was blocking
it. P sued and after presenting his case was met with a compulsory nonsuit. The court
claimed that P had not made out a prima facie case. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment