Weir v. Plymouth Borough
Supreme Court of Pennsylvania
Appeal, No. 80, July. T., 1891, by defendant, from judgment of C. P. Luzerne Co., Oct. T. 1887, No. 962, on verdict for plaintiffs, William Weir and Mary C. Weir. Trespass for injury to plaintiffs’ land.
Read the full summary
Appeal, No. 80, July. T., 1891, by defendant, from judgment of C. P. Luzerne Co., Oct. T. 1887, No. 962, on verdict for plaintiffs, William Weir and Mary C. Weir. Trespass for injury to plaintiffs’ land. The evidence, on the trial before Rice, P. J., was to the effect that the plaintiffs owned a lot fronting on the main street in the borough of Plymouth, alongside of which was an alley; and that the street commissioner of the defendant, in 1886, by the digging of two ditches for the purpose, caused the surface water to flow mediately on to the lot of plaintiffs; the digging of one of the…
1Opinion of the Court
Per Curiam,
None of the specifications of error is sustained. The declarations of Jacob Castner, the street commissioner, made while engaged in doing the work, were a part of the res gestee. It was not denied that he was acting as street commissioner, and within the scope of his authority. In any event, the testimony proved that he was so acting. He was engaged at the time the declarations were made in working on the borough streets, doing the very thing, it is alleged, that caused the injury. The learned court submitted to the jury the question, whether he was acting within the general scope…
2Cited by22 opinions
- City of Stockton v. VoteCalifornia Court of Appeal · 1926
- Cooper v. Scranton CitySuperior Court of Pennsylvania · 1902
- Delp v. Borough of HarrisvilleCommonwealth Court of Pennsylvania · 1976
- Gift v. City of ReadingSuperior Court of Pennsylvania · 1897
- Rothwell v. California BoroughSuperior Court of Pennsylvania · 1902
17 more not listed; retrieve them via the Exa API.