Bealafeld v. Borough of Verona
Supreme Court of Pennsylvania
Appeal, No. 101, Oct. T., 1898, by plaintiff, from order of C. P. No. 2, Allegheny Co., Oct. T., 1896, No. 769, refusing to take off nonsuit. Trespass to recover damages for injuries to land caused by an overflow of water from a sewer. At the trial the court granted a nonsuit, on the ground that the borough was not liable for .the inadequacy of the sewer.
Read the full summary
Appeal, No. 101, Oct. T., 1898, by plaintiff, from order of C. P. No. 2, Allegheny Co., Oct. T., 1896, No. 769, refusing to take off nonsuit. Trespass to recover damages for injuries to land caused by an overflow of water from a sewer. At the trial the court granted a nonsuit, on the ground that the borough was not liable for .the inadequacy of the sewer. The facts appear by the opinion of Shaeer, J., on the motion to take off the nonsuit, which was as follows: The plaintiff is the owner of a house and lot at the corner of East Ilailroad and South avenues, in the borough of Verona. The action…
1Opinion of the Court
Per Curiam:,
We are thoroughly convinced that the case of Fair v. Philadelphia, 88 Pa. 309, and the rulings of this Court in many kindred cases, must control the decision of this case. The *630learned court below followed, and correctly so, these authorities in disposing of the motion to take off the compulsory nonsuit, and expressed such convincing reasons in the opinion that we do not think anything can be added thereto. For the reasons there set forth we sustain the judgment.
Judgment affirmed.
2Cases cited1 opinion
- Fair v. City of PhiladelphiaSupreme Court of Pennsylvania · 1879
3Cited by3 opinions
- Metzgar v. Lycoming TownshipSuperior Court of Pennsylvania · 1909
- Ringwalt v. BoroughSuperior Court of Pennsylvania · 1912
- Allebrand v. Borough of DuquesneSuperior Court of Pennsylvania · 1899