Elliott v. Oil City
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT EROM THE COURT OE COMMON PLEAS OE VENANGO COUNTY. ■ No. 161 October Term 1889, Sup. Ct.; court below, No. 18 January Term 1885, C. P. On December 16,1884, Isabella Elliott brought case against the city of Oil City to recover damages for injuries alleged to have been done to her property by the negligent acts of the defendant. Issue.
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APPEAL BY DEPENDANT EROM THE COURT OE COMMON PLEAS OE VENANGO COUNTY. ■ No. 161 October Term 1889, Sup. Ct.; court below, No. 18 January Term 1885, C. P. On December 16,1884, Isabella Elliott brought case against the city of Oil City to recover damages for injuries alleged to have been done to her property by the negligent acts of the defendant. Issue. At the trial on May 18, 1869, the plaintiff introduced evidence to show that she owned a lot about forty-five feet wide and one hundred and fifty feet long, situated in a depression of the ground, forming a natural water course, some of the…
1Opinion of the Court
Per Curiam :
For the natural flow of water over plaintiff’s lot the defendant city would not be responsible. But the plaintiff contended, and the jury, under proper instructions, have found, that by the action of the city the flow of the water over her land had been largely increased, and that the injury complained of was the result of such increased flow. An examination of the respective specifications discloses no substantial error. We were not asked to reverse by reason of the instruction referred to in *577the seventh specification. It was technically inaccurate, as was said in Railroad Co. v.…
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