Matteson v. New York Central & Hudson River Railroad
Supreme Court of Pennsylvania
Appeal, No. 164, Jan. T., 1906, by defendant, from judgment of O. P. Tioga Go., Sept. T., 1904, No. 302, on verdict for plaintiff in case of Lucian A. Matteson v. The New York Central & Hudson River Railroad Company. Trespass to recover damages for injuries to land alleged to have been caused from the construction of a bridge.
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Appeal, No. 164, Jan. T., 1906, by defendant, from judgment of O. P. Tioga Go., Sept. T., 1904, No. 302, on verdict for plaintiff in case of Lucian A. Matteson v. The New York Central & Hudson River Railroad Company. Trespass to recover damages for injuries to land alleged to have been caused from the construction of a bridge. Before Cameron, P. J. At the trial when W. J. Ballou was on the stand, the following offer was made: Mr. Owlett: I want to ask this witness if from the time he first knew this land in 1870, down to the time of the flood, if there was not a depression there, and if in…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The question here at issue was the defendant’s liability to respond in damages for the flooding of plaintiff’s land, claimed by the plaintiff to have resulted from the manner in which defendant company had constructed the foundation for its bridge over the Cowanesque river. The case presents no peculiar features, and does not call for a general review. It is enough to indicate the specific errors committed on the trial which require a reversal of the judgment.
W. J. Ballou, a witness called by plaintiff, testified as to how the plaintiff’s land was affected by the…
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