Swisher v. Sipps

Citations

• 19 Pa. Super. 43
• 1902 Pa. Super. LEXIS 29

Syllabus

<p>Party wall — Negligence—Substantial damages.</p> <p>In an action to recover substantial damages caused by an alleged improper interference with a party wall and negligence in the construction of an adjoining building, the case is for the jury and a verdict and judgment for plaintiff will be sustained where the evidence tended to show (a) that the party wall, which was but eight inches thick, was, both in the cellar and under the girder which supported the second story for a distance ot eighteen inches, partly demolished; (6) that in consequence of the removal of the party wall entire at the second story, the front wall was pushed outward which, it was alleged, would not have happened, if the defendant’s side of the party wall had been properly removed; (c) that, in consequence of the removal of the entire wall at several places, dust and dirt came through upon the plaintiff, necessitating the removal of his stock ot music, etc., and creating substantial loss by its deterioration ; (d) that the skylight was broken several times and, upon complaint, was battered down, so as to exclude both light and air; (e) that the flues were filled up with brick and mortar and interfered with the use of the plaintiff’s building for the purposes of his business, etc.</p> <p>Party wall — Negligence—Measure of damages.</p> <p>While an owner of the building is not entitled to recover for the ordinary annoyance, inconvenience and dirt resulting from the erection of an adjoining building, he is entitled to compensation for any special injury which he has sustained.</p> <p>Appeals — Practice, Superior Court — Statement of question involved.</p> <p>The object of the statement of the question involved, is to give the court, at a glance, a comprehensive view of the case so that it may be able to follow intelligently the oral arguments which are valuable only as they present the points of law arising from the question of fact whicñ are fairly raised by the entire record.</p> <p>Such a stat