Henry Shenk Co. v. Erie

Opinion by

Mr. Justice Jones,

This is an appeal by the defendant from a judgment entered on a jury’s verdict for the plaintiff in a proceeding fop th§ .ascertainment of the damages to the plaintiff’s property due to a change of drainage under an abutting highway. The error assigned is the denial by the learned court below of the defendant’s motion for judgment n. o. v. which was based on the grounds (1) that the Commonwealth, and not the defendant municipality, was responsible for the alleged injury and (2) that the plaintiff company or its predecessor in title had waived all damages to its…