Flaherty v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.
Superior Court of Pennsylvania
Appeal, No. 59, April T., 1916, by plaintiff:, from judgment of C. P. Allegheny Co:, April T., 1913; No. 2;87, for defendant n. o. v. in case of Bridget Flaherty v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway' Company. Trespass to recover damages for injuries to land, alleged to have been caused by the improper diversion of water.
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Appeal, No. 59, April T., 1916, by plaintiff:, from judgment of C. P. Allegheny Co:, April T., 1913; No. 2;87, for defendant n. o. v. in case of Bridget Flaherty v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway' Company. Trespass to recover damages for injuries to land, alleged to have been caused by the improper diversion of water. At the trial it appears that the plaintiff is the owner of Lot No. 41 in the plan of Edward McGinniss, located in the Twentieth Ward of the City of Pittsburgh, fronting thirty feet on Glen Mawr avenue. The predecessor of the Pittsburgh, Cincinnati, Chicago &…
1Opinion of the Court
Opinion by
Kephart, J.,
Where a railroad company acquires the right to construct its line at the natural grade , of the surface, or above, or below the same, it has the right to interfere with the natural flow of water resulting from rains or melting snow, and for any injury from the exercise of this right, as the necessary consequence of the construction and maintenance of the road, a landowner cannot recover in the absence of anything to show that the railroad company has been guilty of some unlawful act or of negligence in the construction and maintenance of its line: White v. Philadelphia &…
2Cases cited5 opinions
- Strauss v. AllentownSupreme Court of Pennsylvania · 1906
- Rielly v. StephensonSupreme Court of Pennsylvania · 1908
- Updegrove v. Penna. Sch. V. R.Supreme Court of Pennsylvania · 1890
- Hoffeditz v. South. Penn. R. & M. Co.Supreme Court of Pennsylvania · 1889
- White v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1911
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