Wenger v. Rohrer
Superior Court of Pennsylvania
Appeal, No. 142, Nov. T., 1896, by-defendants, from judgment of C. P. Lancaster Co., Dec. T., 1893, No. 12, on verdict for plaintiff. Trespass for injury to plaintiff’s drain. Before Livingston, P. J. It appeared from the evidence that plaintiff was the owner of a lot or piece of ground fronting on the Manheim & Sporting Hill Turnpike.
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Appeal, No. 142, Nov. T., 1896, by-defendants, from judgment of C. P. Lancaster Co., Dec. T., 1893, No. 12, on verdict for plaintiff. Trespass for injury to plaintiff’s drain. Before Livingston, P. J. It appeared from the evidence that plaintiff was the owner of a lot or piece of ground fronting on the Manheim & Sporting Hill Turnpike. For many years an artificial drain constructed by the plaintiff and located on the turnpike road has been used to conduct the drainage from plaintiff’s land. In 1883 the Manheim & Sporting Hill Turnpike Company laid out a turnpike, building same in part along a…
1Opinion of the Court
Opinion by
Smith, J.,
The act which the plaintiff complains of was performed by *599the defendants as servants of a turnpike company, which., with color of title, held undisputed possession of the locus in quo, for a public use. Their act was by authority of the corporation, and within the apparent scope of its corporate powers. There was nothing to indicate a wanton or malicious design to injure'the plaintiff. We think, therefore, that the case is one to which the doctrine of respondeat superior applies, and that under the circumstances the corporation for whose benefit the work was done should…
2Cases cited7 opinions
- Commonwealth ex rel. Attorney General v. Bala & Bryn Mawr Turnpike Co.Supreme Court of Pennsylvania · 1893
- Paul v. CarverSupreme Court of Pennsylvania · 1855
- Groff v. Bird-in-Hand Turnpike Co., Pennsylvania Court of Common Pleas, Lancaster County1889
- Pennsylvania Schuylkill Valley Railroad v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1894
- Firmstone v. SpaeterSupreme Court of Pennsylvania · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Commonwealth v. Philadelphia, Harrisburg & Pittsburg RailroadSuperior Court of Pennsylvania · 1903