Wilson v. McCluskey
Superior Court of Pennsylvania
Appeal, No. 161, Oct. T., 1910, by defendants, from judgment of C. P. Schuylkill Co., Jan. T., 1909, No. 217, on verdict for plaintiff in case of James Wilson v. Bessie McCluskey et al. Trespass to recover damages for injuries from water. Before Shay, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 161, Oct. T., 1910, by defendants, from judgment of C. P. Schuylkill Co., Jan. T., 1909, No. 217, on verdict for plaintiff in case of James Wilson v. Bessie McCluskey et al. Trespass to recover damages for injuries from water. Before Shay, P. J. The facts are stated in the opinion of the Superior Court. Defendant presented, among others, the following points; 1. If the jury believe that the plaintiff permitted the ground in the passageway to the south of his property to bank up against his sills and that the decay in the sills was caused by his negligence in allowing that…
1Opinion of the Court
Opinion by
Rice, P. J.,
In Bentz v. Armstrong, 8 W. & S. 40, Kennedy, J., speaking of the rights and duties of adjoining owners of lots in towns and cities with respect to surface water, said: “It is of great importance that the water on each lot, arising from rain or other causes, should be conducted by the owner or occupier thereof, if he wishes to have it removed, directly from it to a sewer or other place appropriated for the receipt and discharge of the same, and not be turned or led on to an adjoining lot, without the consent of the owner; and' it appears to me to be the duty of the owner…
2Cases cited10 opinions
- Little Schuylkill Navigation, Railroad & Coal Co. v. Richards's AdministratorSupreme Court of Pennsylvania · 1868
- Rielly v. StephensonSupreme Court of Pennsylvania · 1908
- Gallagher v. Kemmerer, Pennsylvania Court of Common Pleas, Luzerne County1891
- Gould v. McKennaSupreme Court of Pennsylvania · 1878
- Bentz v. ArmstrongSupreme Court of Pennsylvania · 1844
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Chamberlin v. CiaffoniSupreme Court of Pennsylvania · 1953
- Rau v. Wilden Acres, Inc.Supreme Court of Pennsylvania · 1954
- Laform v. Bethlehem TownshipSupreme Court of Pennsylvania · 1985
- Leiper v. Heywood-Hall Construction Co.Supreme Court of Pennsylvania · 1955
- Wilson v. McCluskeySuperior Court of Pennsylvania · 1913
2 more not listed; retrieve them via the Exa API.