Torrey v. City of Scranton
Pennsylvania Court of Common Pleas, Lackawanna County
No. 82 January Term 1890, Sup. Ct.; court below, No. 886 April Term 1887,,C. P. On February 28,1887, Thomas F. Torrey brought trespass against the city of Scranton.
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No. 82 January Term 1890, Sup. Ct.; court below, No. 886 April Term 1887,,C. P. On February 28,1887, Thomas F. Torrey brought trespass against the city of Scranton. Issue having been joined, the cause was referred to Mr. W. A. Wilcox, as referee, under the provisions of the act of 1869, and its supplements (perhaps, act of April 6, 1869, P. L. 725). On June 18, 1888, the referee filed a report, which after the preliminary matter proceeded: The plaintiff’s claim is for injury to her real estate at the corner of Jefferson avenue and Pine street, in the Ninth ward of the city of Scranton, by…
1Opinion of the Court
Peb Curiam :
The learned referee affirmed the defendant’s points of law, and yet entered judgment against him. There is nothing to excite surprise in this, as the referee found the facts with the plaintiff. This left the defendant no facts to which his law can be applied. It is true he now complains of the findings of fact, but he took no exception to them before the referee, and it follows, logically and legally, that he has no standing here to object. The referee has found that a considerable portion of the water which, if not obstructed, would have flowed down Olive street, was by the…
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