Strauch v. Pittsburgh
Superior Court of Pennsylvania
Appeal, No. 59, April T., 1918, by defendant, from judgment of C. P. Allegheny Co., July T., 1915, No. 2383, on verdict for plaintiff in case of Catherine Strauch v. City of Pittsburgh. Trespass to recover damages for injuries to buildings by reason of the diversion of waters in the construction of a road. Before Macfarlane, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 59, April T., 1918, by defendant, from judgment of C. P. Allegheny Co., July T., 1915, No. 2383, on verdict for plaintiff in case of Catherine Strauch v. City of Pittsburgh. Trespass to recover damages for injuries to buildings by reason of the diversion of waters in the construction of a road. Before Macfarlane, J. The facts are stated in the opinion of the Superior Court. At the trial John Strauch, a witness, produced on the part of the plaintiff, was asked the following questions on direct examination: Q. What damage has been done to the house in which you live? A. After I fix…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff owned two lots with buildings thereon located at the bottom of a hillside which is a part of Schenley Park. Some years ago a road was constructed by the park authorities along the face of the hill nearly midway of the distance between the plaintiff’s property and the top of the hill. The effect of the construction of the road was that water flowing down was accumulated in the ditch on the upper side of the road and thence conducted by drains to the lower side and down the hill. The complaint of the plaintiff is that one, at least, of the drains carrying…
2Cases cited2 opinions
- Miller v. LaubachSupreme Court of Pennsylvania · 1864
- Corr v. SellersSupreme Court of Pennsylvania · 1882
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