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LUTERMAN v. PHILADELPHIA

396 Pa. 301 (1959)

Luterman, Appellant, v. Philadelphia.

Supreme Court of Pennsylvania.

June 30, 1959.

Attorney(s) appearing for the Case

Melvin Alan Bank, with him Maurice Abrams, for appellants.

Vincent C. Veldorale, Assistant City Solicitor, with him Bernard S. Cheskin, Assistant City Solicitor, and David Berger, City Solicitor, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.

OPINION BY MR. JUSTICE McBRIDE, June 30, 1959:

The plaintiffs sued in trespass to recover for loss suffered by reason of damage caused by the flooding of their business premises by water which leaked from the city's water line adjacent to their property. The jury's verdict was for the defendant. Plaintiffs' motion for new trial was based on instructions to the jury which, the plaintiffs contend, amounted, erroneously, to binding instructions for the defendant. The...

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