De Noble v. Wilkins Township
Superior Court of Pennsylvania
Appeal, No. 94, April T., 1920, by defendant, from judgment of C. P. Allegheny County, July T., 1917, No. 2061, in case of Michael De Noble v. Wilkins Township. Trespass for injuries to land. Before Stone, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $250 and judgment thereon. Defendant appealed. Error assigned, among others, was in refusing defendant’s motion for judgment non obstante veredicto.
1Opinion of the Court
Opinion by
Henderson, J.,
The negligence attributed to the defendant was the omission to clean out the ditches in a public highway known as Harrison road, as a consequence of which, water from the highway flowed onto the plaintiff’s premises, producing injury to two dwelling houses located near-by, and washing a gully in the lot. The road referred to is located on a steep hillside with a downward course in the vicinity of the plaintiff’s property, and immediately in front of the buildings is a shelf of shale rocks which breaks away abruptly into a ravine. The plaintiff’s houses are on the west…
2Cases cited2 opinions
- Lorah v. Amity TownshipSuperior Court of Pennsylvania · 1908
- Hall v. RineSuperior Court of Pennsylvania · 1915
3Cited by3 opinions
- Schmidt Et Ux. v. Allegheny Co.Supreme Court of Pennsylvania · 1931
- Furtek v. West Deer Township, Pennsylvania Court of Common Pleas, Alleghany County1959
- Yocom v. Township of UnionSuperior Court of Pennsylvania · 1929