Braine v. Northern Central Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 98, Jan. T., 1906, by defendant, from judgment óf C. P. Lycoming Co., March T., 1904, No. 73, on verdict for plaintiff in case of William W. Braine v. Northern Central Railway Company. Trespass to recover damages for injuries to land. Before Hart, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 98, Jan. T., 1906, by defendant, from judgment óf C. P. Lycoming Co., March T., 1904, No. 73, on verdict for plaintiff in case of William W. Braine v. Northern Central Railway Company. Trespass to recover damages for injuries to land. Before Hart, P. J. The facts appear by the opinion of the Supreme Court. Plaintiff presented the following points : 1. The owner of a right of way across a stream of water has the right to bridge it, but he must so construct and maintain the bridge as not to change or modify the natural flow of the stream. And if he does interfere, to the injury of…
1Opinion of the Court
Opinion bt
Mr. Justice Fell,
The defendant’s bridge over Lycoming Creek, was partly destroyed by flood in 1889. In reconstructing it about 100 feet were added to its length and this addition made necessary the building of a pier in the bed of the creek. The plaintiff’s farm land, which abutted on the creek below the bridge and adjoined the defendant’s right of way, was injured by a flood in 1901. The action was for negligence in the construction of the pier. It is alleged in the statement of claim that the overflow was caused by the building of the pier without proper care and skill obliquely…
2Cases cited4 opinions
- Pittsburg, Fort Wayne & Chicago Railway v. GillelandSupreme Court of Pennsylvania · 1868
- Berninger v. Sunbury, Hazleton & Wilkes-Barre Railway Co.Supreme Court of Pennsylvania · 1902
- Clarke v. Birmingham & Pittsburgh Bridge Co.Supreme Court of Pennsylvania · 1862
- Jutte v. Keystone Bridge Co., Pennsylvania Court of Common Pleas, Alleghany County1892
3Cited by1 opinion
- White v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1911