Legal Opinion

Strauch v. Pittsburgh

Superior Court of Pennsylvania

Decided July 10, 1918No. Appeal, No. 59PublishedCited by 4 opinions

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

  1. Miller v. LaubachSupreme Court of Pennsylvania · 1864
  2. Corr v. SellersSupreme Court of Pennsylvania · 1882

3Cited by4 opinions

  1. Chauvin v. Superior Fire InsuranceSupreme Court of Pennsylvania · 1925
  2. Gandy v. KlawSupreme Court of Pennsylvania · 1921
  3. Atglen Borough v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1953
  4. Borough of Austin v. A. & P. Corrugated Box Corp., Pennsylvania Court of Common Pleas, Lycoming County1947

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