Davidson v. Sanders
Superior Court of Pennsylvania
Appeal No. 7, Jan. T., 1896, by defendants from judgment of C. P. Lackawanna County, September Term, 1892, No. 842, on verdict in favor of plaintiff. Willard, J., dissents. Trespass for negligent grading and drainage of defendants’ lot, resulting in an increased burden cast upon plaintiff’s lot.
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Appeal No. 7, Jan. T., 1896, by defendants from judgment of C. P. Lackawanna County, September Term, 1892, No. 842, on verdict in favor of plaintiff. Willard, J., dissents. Trespass for negligent grading and drainage of defendants’ lot, resulting in an increased burden cast upon plaintiff’s lot. Verdict for plaintiff in the sum of $300. It appeared from the evidence that during the fall of the year 1891 the defendants, Thomas Sanders and James H. Jenkins, occupied a lot of land, situate in the city of Scranton, county of Lackawanna, and state of Pennsylvania, upon which lot they erected a…
1Opinion of the Court
Opinion by
Reeder, J.,
The appellants contend that the court below erred in submitting the case to the jury for the reason that it was necessary to prove negligence in the construction of the well or the grading of the. lot and there was not sufficient evidence of either to justify its submission. This position is defective in its legal proposition as well as in its contention in regard to the testimony. That it is the well settled law in Pennsylvania that in agricultural lands the natural flow of water from land which stands at a higher level upon that which is upon a lower level cannot as a…
2Cases cited6 opinions
- Pennsylvania Coal Co. v. SandersonSupreme Court of Pennsylvania · 1886
- Kauffman v. GriesemerSupreme Court of Pennsylvania · 1856
- Vanderwiele v. . TaylorNew York Court of Appeals · 1875
- Meixell v. MorganSupreme Court of Pennsylvania · 1892
- Bentz v. ArmstrongSupreme Court of Pennsylvania · 1844
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Rielly v. StephensonSupreme Court of Pennsylvania · 1908
- Markle v. GrotheSuperior Court of Pennsylvania · 1931
- Wilson v. McCluskeySuperior Court of Pennsylvania · 1911
- Frye v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1958
- McClosky v. BoroughSuperior Court of Pennsylvania · 1897
2 more not listed; retrieve them via the Exa API.