Ewens v. Gunning

Citations

• 48 Pa. Super. 192
• 1911 Pa. Super. LEXIS 355

Syllabus

<p>Arbitration — Scope of — Suit on award of arbitrators.</p> <p>1. Where the tenant of a store property agreed in wilting with the adjoining owner to tear down the wall between the property and to replace it in consideration of the other party providing against any injuries to the tenant, and the parties further agree each to choose one arbitrator “to adjust the matter of injuries to said store and business, their finding and arbitration to be final,” the arbitrators are warranted in investigating every phase of the alteration during the progress of the work in order to adjust the matter of injury to the store and business as it was then conducted.</p> <p>2. In such a case it is not necessary for the tenant in an action on the award of the arbitrators to show that the work done by the defendant in making the changes in and about the building, was carried on in a reckless, or even careless manner, or that a less objectionable method could have been employed, it being conceded that some injury would be done even with the greatest care.</p>