Gift v. City of Reading
Superior Court of Pennsylvania
Appeal, No. 135, Nov. T., 1896, by defendant, from judgment of C. P., Berks Co., Nov. T., 1894, No. 44, on verdict for plaintiff. Trespass for injuries arising from negligent construction of a sewer. Before Ermenteout, P. J. The facts sufficiently appear in the opinion of the Superior Court. Verdict for plaintiff for $775. Defendant appealed.
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Appeal, No. 135, Nov. T., 1896, by defendant, from judgment of C. P., Berks Co., Nov. T., 1894, No. 44, on verdict for plaintiff. Trespass for injuries arising from negligent construction of a sewer. Before Ermenteout, P. J. The facts sufficiently appear in the opinion of the Superior Court. Verdict for plaintiff for $775. Defendant appealed. JSrrors assigned, inter alia, were: (4) In charging the jury as follows: “ There does not seem to be any dispute that there was a natural water course draining that section. It is also admitted that the city built a sewer across that water course. The…
1Opinion of the Court
Opinion by
Smith, J.,
The plaintiff, in her declaration, avers that she is the owner of a two story brick dwelling house situate on the north side of Windsor street in the city of Reading; that prior to the year 1889 a natural water course drained all surface waters without overflowing her land; and that in 1889 the city authorities built a sewer, which was inadequate to drain the watershed, and at the same time filled up the natural water course, whereby the water overflowed her premises several times, damaged the dwelling and its contents, and diminished the market value of the property. This…
2Cases cited6 opinions
- Lentz v. Carnegie Bros., Pennsylvania Court of Common Pleas, Westmoreland County1892
- Torrey v. City of Scranton, Pennsylvania Court of Common Pleas, Lackawanna County1890
- Eshleman v. Martic TownshipSupreme Court of Pennsylvania · 1892
- Weir v. Plymouth BoroughSupreme Court of Pennsylvania · 1892
- Appeal of HoltSupreme Court of Pennsylvania · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hoffman v. Mill Creek Coal Co.Superior Court of Pennsylvania · 1901
- Taylor v. Canton TownshipSuperior Court of Pennsylvania · 1906
- Metzgar v. Lycoming TownshipSuperior Court of Pennsylvania · 1909
- Capri v. Jafolla & Mark, Inc.Superior Court of Pennsylvania · 1935
- Allebrand v. Borough of DuquesneSuperior Court of Pennsylvania · 1899
5 more not listed; retrieve them via the Exa API.