Frederick v. Lansdale Borough
Supreme Court of Pennsylvania
Appeal, No. 169, July T., 1892, by defendant, from judgment of C. P. Montgomery Co., Dec. T., 1891, No. 41, on verdict for plaintiff, Benjamin S. Frederick. Trespass for flooding land. Before Weand, J. The pleadings were not printed in the paper-books, and it did not appear what was the exact cause of action.
Read the full summary
Appeal, No. 169, July T., 1892, by defendant, from judgment of C. P. Montgomery Co., Dec. T., 1891, No. 41, on verdict for plaintiff, Benjamin S. Frederick. Trespass for flooding land. Before Weand, J. The pleadings were not printed in the paper-books, and it did not appear what was the exact cause of action. From plaintiff’s evidence, the claim for damages was apparently based upon injuries caused by an alleged undue flowage of water upon Hudson alley, opening off from Broad street in the borough of Lansdale. Plaintiff offered to show that the owner of the property upon which certain clay…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The questions at issue in this case were questions of fact. The action is trespass. The narr is not printed, and both the history of the case and the counter statement omit to state what was the cause of action claimed. But, as we gather from the statements of the parties, and from the testimony, the claim was to recover damages for causing the flow of more water than was, by nature, accustomed to flow, through a gully or ditch passing the rear of the plaintiff’s land. Apparently the plaintiff’s allegations were that the defendant borough changed somewhat the…
2Cited by2 opinions
- Guilbeau v. CormierSupreme Court of Louisiana · 1880
- Lesseps v. LapèneSupreme Court of Louisiana · 1882