VAN WYK CONSTR. CO. v. CITY OF PHILA.

No. 4464; June term, 1957, no. 8574.

64 Pa. D. & C. 2d 443 (1974)

Van Wyk Construction Co. v. City of Philadelphia City of Philadelphia v. Van Wyk Construction Co.

Common Pleas Court of Philadelphia County, Pennsylvania.

March 29, 1974.


Attorney(s) appearing for the Case

Alfeo P. Libetti, Assistant City Solicitor, for City of Philadelphia.

George A. D'Angelo, for Van Wyk Construction Co.

William J. McKinley, Jr., for Maryland Casualty Co., surety.


TAKIFF, J., March 29, 1974.

In 1954, the City of Philadelphia entered into a contract with the Van Wyk Construction Company and Maryland Casualty Company as surety, for the construction of an intercepting chamber for the Lower Delaware Collecting System. During the construction work, flooding occurred in and around the work site causing damage to abutting property and necessitating additional measures to prevent a recurrence thereof. At least three suits have arisen...

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