Meixell v. Morgan
Supreme Court of Pennsylvania
Appeal, No. 240, Jan. T., 1892, by-plaintiff, Martin Meixell, from judgment of C. P. Union Co., Sept. T., 1888, No. 25, on verdict for defendant, John Morgan. Trespass for discharging water upon plaintiff’s land. The facts sufficiently appear by the opinion of the Supreme Court.
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Appeal, No. 240, Jan. T., 1892, by-plaintiff, Martin Meixell, from judgment of C. P. Union Co., Sept. T., 1888, No. 25, on verdict for defendant, John Morgan. Trespass for discharging water upon plaintiff’s land. The facts sufficiently appear by the opinion of the Supreme Court. On trial before McClure, P. J., the court charged the jury in part as follows : “ Gentlemen of the jury, the learned counsel for the defendant concedes that if the lay of the land of the plaintiff was such that the water falling upon it naturally flowed to the land of the plaintiff at the point ‘ A ’ on the' draft, he…
1Opinion of the Court
Opinion by
Mb. Chief Justice Paxson,
This was an action of trespass by the owner of the servient tenement against the owner of the dominant, to recover damages for collecting all the waters which would pass from the dominant to the servient, to one spot, by artificial underdrains, and discharging them there.
Upon the trial below, the court was requested by the plaintiff’s second and fifth points, to instruct the jury that if they believe that underdrains were made and concentrated to one point, that said underdrains discharged a larger quantity of water at that point than by surface discharge…
2Cases cited2 opinions
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