Dennison v. Somerset & Cambria Railroad
Superior Court of Pennsylvania
Appeal, No. 115, April T., 1902, by defendant, from judgment of C. P. Somerset Co., Sept. T., 1900, No. 104, on verdict for plaintiff in case of Martha E. Dennison v. Somerset & Cambria Railroad Company.. Trespass to recover damages for injuries to real estate.
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Appeal, No. 115, April T., 1902, by defendant, from judgment of C. P. Somerset Co., Sept. T., 1900, No. 104, on verdict for plaintiff in case of Martha E. Dennison v. Somerset & Cambria Railroad Company.. Trespass to recover damages for injuries to real estate. Before Longenecker, P. J. At the trial it appeared that the defendant in constructing its road in Pleasant street in the borough of Somerset crossed Main street at such a grade as to interfere with the natural flow of water. It constructed a box drain under the road, and carried the water on to the land of Mary Brant who, for a…
1Opinion of the Court
Opinion by
Beaver, J.,
The drainage of Main street in the borough of Somerset was wont to flow down the gutters thereof to Cox’s creek. In building its railroad along or upon Pleasant street in the said borough, the defendant crossed Main street at a grade higher than the street, and thereby interrupted and interfered with the drainage down the said street to the creek. To provide for the drainage above the railroad, a box drain was laid under the road of the defendant and, by an ’ arrangement with the owner of the land immediately adjoining the railroad, the drainage passing through the said…
2Cases cited5 opinions
- McCarthy v. De ArmitSupreme Court of Pennsylvania · 1881
- Weir v. Plymouth BoroughSupreme Court of Pennsylvania · 1892
- Huddleston v. Borough of West BellevueSupreme Court of Pennsylvania · 1886
- North Pennsylvania Railroad v. MahoneySupreme Court of Pennsylvania · 1868
- Faust v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1899
3Cited by2 opinions
- MacHolme v. CochenourSuperior Court of Pennsylvania · 1933
- McShea v. McKenna and IppolitoSuperior Court of Pennsylvania · 1928