GEORGE ET UX. v. LOMBARDI ET AL.


75 Pa. D. & C. 500 (1951)

George et ux. v. Lombardi et al.

Common Pleas Court of Philadelphia County, Pennsylvania.

January 22, 1951.


Attorney(s) appearing for the Case

Edward A. Kelly, for plaintiffs.

Horace N. Lombardi, for defendants.


LEVINTHAL, J., January 22, 1951.

The question raised by defendants' preliminary objections is whether owners whose property was damaged as the immediate and direct result of boring and blasting by municipal contractors may recover from the contractors in an assumpsit action.

Defendants' contract with the City of Philadelphia provided that, in constructing the relief sewer, defendants "shall have charge and control of the entire work . . ., shall be deemed...

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