Matlack v. Callahan
Superior Court of Pennsylvania
Appeal, No. 202, Oct. T., 1903, by defendant, from judgment of C. P. Montgomery Co., March T., 1902, No. 7, on case tried by the court without a jury in suit of J. B. Matlack v. Mary A. Callahan. Trespass to recover damages for flooding of land.
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Appeal, No. 202, Oct. T., 1903, by defendant, from judgment of C. P. Montgomery Co., March T., 1902, No. 7, on case tried by the court without a jury in suit of J. B. Matlack v. Mary A. Callahan. Trespass to recover damages for flooding of land. The case was tried by Weand, J., without a jury by agreement of the parties under the Act of April 22,1874, P. L. 109. The court below reported the facts to be as follows: Prior to 1894, “the Bingham estate” was the owner of a large tract of land in Lower Merion township, through part of which there was an ancient water course draining an area of from…
1Opinion of the Court
Opinion by
Pouter, J.,
The plaintiff brought an action of trespass to recover damages for an injury alleged to have been sustained by his property through the obstruction of a natural water course upon the lands of plaintiff lower down. The case was by an agreement of the parties duly submitted to the decision of the judge of the court below, without the intervention of a jury, under the Act of April 22, 1874, P. L. 109. The court below after a full hearing found for the plaintiff and entered a judgment in his favor, and the defendant appeals.
The trustees of the Bingham estate were, in 1894,…
2Cases cited7 opinions
- Kauffman v. GriesemerSupreme Court of Pennsylvania · 1856
- Torrey v. City of Scranton, Pennsylvania Court of Common Pleas, Lackawanna County1890
- Huddleston v. Borough of West BellevueSupreme Court of Pennsylvania · 1886
- Munn & Barton v. MayorSupreme Court of Pennsylvania · 1861
- Elliott v. Oil CitySupreme Court of Pennsylvania · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Cheltenham & Abington Sewerage Co. v. P. S. C.Superior Court of Pennsylvania · 1932
- Cheltenham & Abington Sewerage Co. v. Public Service CommissionSupreme Court of Pennsylvania · 1933
- Robino v. North Sewickley TownshipSuperior Court of Pennsylvania · 1911
- Douglas v. Clarke, Pennsylvania Court of Common Pleas, Delaware County1929