Owens v. City of Lancaster
Supreme Court of Pennsylvania
Appeal, No. 81, Jan. T., 1897, by plaintiffs, from judgment of C. P. Lancaster Co., Sept. T., 1894, No. 39, refusing to strike off nonsuit. Trespass to recover damages for injuries to landowners caused by the use of the stream as an open sewer.
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Appeal, No. 81, Jan. T., 1897, by plaintiffs, from judgment of C. P. Lancaster Co., Sept. T., 1894, No. 39, refusing to strike off nonsuit. Trespass to recover damages for injuries to landowners caused by the use of the stream as an open sewer. The court below, Livingston, P. J., filed the following opinion, on the motion to take off the nonsuit: The stream of water now called Hoffman’s Run in the city of Lancaster, Pennsylvania, is made up by several springs of water arising in said city, it commences in the northwestern part of the city, and running southeast and southward through the city,…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The evidence for the plaintiffs in this case tended strongly to establish several conditions as the result of the defendant’s user of the stream as an open sewer. First, that it created an increase in the natural flowage of the stream, so that in times of ordinary rains the banks of the stream were overflowed and the plaintiffs’ land was washed with sewage and offal, and the banks of the stream were broken down and washed away. Second, that considerable quantities of filthy and offensive refuse were allowed to accumulate on the banks and in the stream, and not only…
2Cases cited4 opinions
- Harris v. City of PhiladelphiaSupreme Court of Pennsylvania · 1893
- Good v. Altoona CitySupreme Court of Pennsylvania · 1894
- Blizzard v. Borough of DanvilleSupreme Court of Pennsylvania · 1896
- Butchers' Ice & Coal Co. v. Phila.Supreme Court of Pennsylvania · 1893
3Cited by11 opinions
- Pennsylvania R. R. v. Sagamore Coal Co.Supreme Court of Pennsylvania · 1924
- Rawls v. Central Bucks Joint School Building AuthorityCommonwealth Court of Pennsylvania · 1973
- Siegfried v. South Bethlehem BoroughSuperior Court of Pennsylvania · 1905
- Harbison v. City of HillsboroOregon Supreme Court · 1922
- Metzgar v. Lycoming TownshipSuperior Court of Pennsylvania · 1909
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