Wahl v. Vetter
Superior Court of Pennsylvania
Appeal, No. 67, Oct. T., 1908, by plaintiff, from order of C. P. No. 5, Phila. Co., Dec. T., 1903, No. 370, refusing to take off nonsuit in 'case of Christiana M. Wahl v. Casper Vetter. Trespass to recover damages for injuries to a building. Before Ralston, J. The opinion of the Superior Court states the case. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff and defendant are owners of adjoining property, separated by a two-foot wide alley. On the defendant’s property there is a shed covering a space of about sixty by twenty-two feet. The natural rainfall accumulating on the roof of this building is collected by gutters to one point and there discharged through a six-inch rain conductor at the alley line. This down-spout or conductor was broken a few feet from the ground, so that the water was diverted over the alley, instead of flowing into the place arranged for its vent at the end of the spout. No drain or…
2Cases cited7 opinions
- Pfeiffer v. BrownSupreme Court of Pennsylvania · 1895
- Gavigan v. Atlantic Refining Co.Supreme Court of Pennsylvania · 1896
- Miller v. LaubachSupreme Court of Pennsylvania · 1864
- Rhoads v. Davidheiser, Pennsylvania Court of Common Pleas, Berks County1890
- Magee v. Pennsylvania Schuylkill Valley RailroadSuperior Court of Pennsylvania · 1900
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3Cited by3 opinions
- Wilson v. McCluskeySuperior Court of Pennsylvania · 1911
- Wilson v. McCluskeySuperior Court of Pennsylvania · 1913
- DeStefano v. Meglio, Pennsylvania Court of Common Pleas, Philadelphia County1948