Ginther v. Borough of Yorkville
Superior Court of Pennsylvania
Appeal, No. 98, Nov.- T., 1896, by plaintiff, from judgment of C. P. Schuylkill Co., Nov. T., 1892, No. 195, non obstante veredicto in favor of defendant. Trespass for injury to plaintiff’s property. The court directed a .verdict for the plaintiff, reserving a question of law (which is set out in the opinion of the Superior Court). Other facts sufficiently appear in the opinion of the Superior Court.
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Appeal, No. 98, Nov.- T., 1896, by plaintiff, from judgment of C. P. Schuylkill Co., Nov. T., 1892, No. 195, non obstante veredicto in favor of defendant. Trespass for injury to plaintiff’s property. The court directed a .verdict for the plaintiff, reserving a question of law (which is set out in the opinion of the Superior Court). Other facts sufficiently appear in the opinion of the Superior Court. Verdict for plaintiff, $500. Judgment entered for the defendant on the question reserved. Plaintiff appealed. Errors assigned were, (1, 2) entry of judgment for defendant non obstante veredicto.
1Opinion of the Court
Opinion by
Smith, J.,
The plaintiff seeks to recover for injuries to his real and personal property caused by the flooding of his cellar with water, which, he alleges, escaped from the public water pipe at or near a fire plug which had been placed in the street by the borough authorities,, and left resting upon a stone drain leading from the plaintiff’s cellar. The plaintiff’s theory is that the fire plug apparatus was too heavy for the drain, and therefore crushed it, and thus opened a passageway for the escaping water through and along the drain into the cellar, and that the flooding was *405due…
2Cases cited16 opinions
- Painter v. Mayor of PittsburghSupreme Court of Pennsylvania · 1863
- Insurance Company v. Phœnix InsuranceSupreme Court of Pennsylvania · 1872
- Wilde v. TrainorSupreme Court of Pennsylvania · 1868
- Ferguson v. WrightSupreme Court of Pennsylvania · 1869
- Wray v. EvansSupreme Court of Pennsylvania · 1876
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3Cited by6 opinions
- Boyle v. Borough of Mahanoy CitySupreme Court of Pennsylvania · 1898
- Koons v. McNameeSuperior Court of Pennsylvania · 1898
- Hookey v. Borough of OakdaleSuperior Court of Pennsylvania · 1897
- Supplee v. HerrmanSuperior Court of Pennsylvania · 1901
- Zinnel v. BergdollSuperior Court of Pennsylvania · 1899
1 more not listed; retrieve them via the Exa API.