Legal Opinion

Magee v. Pennsylvania Schuylkill Valley Railroad

Superior Court of Pennsylvania

Decided March 21, 1900No. Appeal, No. 137PublishedCited by 11 opinions

Appeal, No. 137, Oct. T., 1899, by Benjamin F. Shibe and the Philadelphia, Bala and Bryn Mawr Turnpike Company, from judgment of C. P. No. 2, Phila. Co., June Term, 1895, No. 750, on verdict for plaintiff. Opinion by Rice, P. J. Trespass for injuries to land. At the trial it appeared that the plaintiff owned a dwelling house and lot on Bala avenue, Montgomery county, Pennsylvania.

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Appeal, No. 137, Oct. T., 1899, by Benjamin F. Shibe and the Philadelphia, Bala and Bryn Mawr Turnpike Company, from judgment of C. P. No. 2, Phila. Co., June Term, 1895, No. 750, on verdict for plaintiff. Opinion by Rice, P. J. Trespass for injuries to land. At the trial it appeared that the plaintiff owned a dwelling house and lot on Bala avenue, Montgomery county, Pennsylvania. He alleged that his land was injured by the action of the defendants in constructing a drain in such a manner as to throw an increased volume of water upon his land, and also by throwing polluted water upon his…

1Opinion of the Court

Opinion by

Rice. J.,

This was an action of trespass. The gravamen of the plaintiff’s complaint, as set forth in his statement of a.aim, was an injury to real property situated in Montgomery county, occasioned by certain acts of the defendants on thsirrown properties. It appeared on the trial that these properties are also situated in Montgomery county, but this fact owas not distinctly averred in the statement. It should be noticed, however, that they were so described in the statement that the defendants must ha.ve known with reasonable certainty that the property alleged to have been injured…

2Cases cited18 opinions

  1. Chipman v. . PalmerNew York Court of Appeals · 1879
  2. Kauffman v. GriesemerSupreme Court of Pennsylvania · 1856
  3. Sellick v. HallSupreme Court of Connecticut · 1879
  4. Little Schuylkill Navigation, Railroad & Coal Co. v. Richards's AdministratorSupreme Court of Pennsylvania · 1868
  5. Seely v. AldenSupreme Court of Pennsylvania · 1869

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3Cited by11 opinions

  1. English v. EnglishSuperior Court of Pennsylvania · 1902
  2. Gillen v. Ill. Cent. Ry Co.Court of Appeals of Kentucky · 1910
  3. Bookwalter v. StewartSupreme Court of Pennsylvania · 1952
  4. Magaro v. Metropolitan Edison Co.Superior Court of Pennsylvania · 1937
  5. Shulman v. Wynnewood Co.Superior Court of Pennsylvania · 1959

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