Irwin Savings & Trust Co. v. Pennsylvania Railroad

Dissenting Opinion by

Mr. Chief Justice Maxey :

I dissent from the majority opinion. The negligence of the defendant company in failing to keep its culvert open to carry off the water from a small sulphur stream under its track (a thing which it could do at a trifling expense), and so creating a large pond on the Montecupo land is clear: Ficke v. Pa. R. R. Co., 157 Pa. 622, 626, 27 A. 783; Harber v. Pa. Ry. Co., 56 Pa. Superior Ct. 59, 64-65. See also 67 C. J. pp. 869, 873, Secs. 294(2) and 296(c). This negligence is so indisputable that in this appeal the defendant Railroad Company does not…