Miller v. Laubach
Supreme Court of Pennsylvania
Error to the Common Pleas of Northampton county. This was an action on the case by John Laubach against Nathan Miller, to recover damages for injury occasioned by the construction of a drain, whereby, as plaintiff alleged, certain springs of water known as winter springs, which were on defendant’s land, rendering a portion of it wet and boggy, but doing no injury to the adjoining lands of plaintiff, were conducted from the springs to the line of Laubach’s land, and then…
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Error to the Common Pleas of Northampton county. This was an action on the case by John Laubach against Nathan Miller, to recover damages for injury occasioned by the construction of a drain, whereby, as plaintiff alleged, certain springs of water known as winter springs, which were on defendant’s land, rendering a portion of it wet and boggy, but doing no injury to the adjoining lands of plaintiff, were conducted from the springs to the line of Laubach’s land, and then passed in a body across the division line,, spoiling from one-fourth to one-half an acre of the laud of plaintiff. The…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
The portion of the charge to the jury in this case complained of as erroneous, is as nearly in accordance with the doctrine laid down in Kauffman v. Griesmer, 2 Casey 407, and Martin v. Riddle, reported in a note thereto at page 405, as possible or necessary.- The grounds of recovery on tne part of plaintiff, and on which there was a very decided preponderance of testimony, was, that there was wet or marshy ground on the defendant’s land,- occasioned by what Avas called winter springs by some of the witnesses, and which only saturated the…
2Cited by26 opinions
- Strauss v. AllentownSupreme Court of Pennsylvania · 1906
- Chamberlin v. CiaffoniSupreme Court of Pennsylvania · 1953
- Rau v. Wilden Acres, Inc.Supreme Court of Pennsylvania · 1954
- Lucas Et Ux. v. FordSupreme Court of Pennsylvania · 1949
- Laform v. Bethlehem TownshipSupreme Court of Pennsylvania · 1985
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