Sturgeon v. Borough of Oakdale
Superior Court of Pennsylvania
Appeal, No. 94, April T., 1921, by plaintiff, from decree of C. P. Allegheny County, Jan. T., 1920, No. 1159, sitting in equity, dismissing the bill in equity, in the case of Walter G. Sturgeon v. Borough of Oakdale. Bill in equity for damages and abatement of nuisance. Before Shafer, P. J. The facts are stated in the opinion of the Superior Court. The court dismissed the bill. Plaintiff appealed. - Error assigned, among others, was the decree of the court.
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Appeal, No. 94, April T., 1921, by plaintiff, from decree of C. P. Allegheny County, Jan. T., 1920, No. 1159, sitting in equity, dismissing the bill in equity, in the case of Walter G. Sturgeon v. Borough of Oakdale. Bill in equity for damages and abatement of nuisance. Before Shafer, P. J. The facts are stated in the opinion of the Superior Court. The court dismissed the bill. Plaintiff appealed. - Error assigned, among others, was the decree of the court. Qne whose property has been subjected to permanent injury by the construction of a continuing nuisance is entitled to damages without…
1Opinion of the Court
Opinion by
Linn, J.,
This appeal is from a decree dismissing plaintiff’s bill in equity. The important averments were that in October, 1916, he became the owner of twenty-one acres of farm land by the devise of his brother Samuel H. Sturgeon ; that with the devisor’s assent, the defendant borough had constructed a twenty-inch sewer across the land in 1914; that the sewer was supported over a natural watercourse by a concrete structure or bridge which was so constructed “as to leave only twelve inches of vertical space between the said bridge and the bed of said watercourse, and during any…
2Cases cited4 opinions
- Pittsburg, Fort Wayne & Chicago Railway v. GillelandSupreme Court of Pennsylvania · 1868
- North & West Branch Railway Co. v. SwankSupreme Court of Pennsylvania · 1884
- Berninger v. Sunbury, Hazleton & Wilkes-Barre Railway Co.Supreme Court of Pennsylvania · 1902
- Pettit v. Jamestown & Franklin RailroadSupreme Court of Pennsylvania · 1909
3Cited by1 opinion
- Messinger v. Washington TownshipSuperior Court of Pennsylvania · 1958