Berninger v. Sunbury, Hazleton & Wilkes-Barre Railway Co.

Opinion by

Mr. Justice Dean,

This is an action of trespass brought by the plaintiff against defendant to recover damages occasioned by backwater on his mill property situate on Catawissa creek in Columbia county. Plaintiff’s property was 2,000 feet up stream from where defendant’s railway bridge crossed the same stream. In March, 1893, an ice gorge lodged against the piers of the bridge, which had the effect of damming back the water to plaintiff’s mill dam and partially destroying it; he alleged the bridge was unskillfully and negligently constructed, in that the piers were not properly set to…