Woodward v. Brace
Citations
- 139 Pa. 316
- 20 A. 1001
- 1891 Pa. LEXIS 994
Syllabus
<p>(a) To an action of assumpsit, by a master in equity against the plaintiffs in the bill, to recover his fee as master fixed by the court after his report was made, an affidavit of defence was filed averring that the master had presented his petition to the court in equity for an order for the payment of his fee, and no order was as yet entered:</p> <p>1. A court of equity has the power, not only to fix the master’s fee, as well as other costs, in an equity case, but to make any necessary and proper order for their payment ;* that court is fully competent to attend to its own business, and the master’s petition remaining undis-posed of therein, his action at law to recover his fee fixed cannot be sustained.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reasoning that anything less than the reasonable cost of replacement by a similar structure consistent with current standards of design would not compensate the owner for the actual loss
- reasoning that anything less than the reasonable cost of replacement by a similar structure consistent with current standards of design would not compensate the owner for the actual loss
- allowing plaintiff to use replacement cost for collapsed bridge because there was no “value in the market place” for a public bridge that is a component part of a highway system
- “Where the injury is permanent, the measure of damages is the reduced market value of the property.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Clark, Green, McCollum, Mitchell, Paxson, Pee, Sterrett, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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