Hays v. Hinkleman
Supreme Court of Pennsylvania
March 31st 1871. Before Thompson, C. J., Read and Sharswood, JJ. Agnew, J., absent. Williams, J., at Nisi Prius. Error to the Court of Common Pleas of Lycoming county: No. 352, to January Term 1871. This was an action on the case brought, May 9fch 1867, by Adam Hinkleman against William R. Hays, to recover damages for injury to real estate occasioned by the construction of a drain.
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March 31st 1871. Before Thompson, C. J., Read and Sharswood, JJ. Agnew, J., absent. Williams, J., at Nisi Prius. Error to the Court of Common Pleas of Lycoming county: No. 352, to January Term 1871. This was an action on the case brought, May 9fch 1867, by Adam Hinkleman against William R. Hays, to recover damages for injury to real estate occasioned by the construction of a drain. The plaintiff was the owner of a tract of 7 acres of land on which were a house and stable; the land was situated on the declivity of a hill, below and adjoining the land of the defendant. The water which collected…
1Opinion of the Court
The opinion of the court was delivered,
by Read, J.
This case turns almost if not entirely upon a question of fact, which the jury have determined in favor of the plaintiff. The water from the defendant’s land ran over into the plaintiff’s land in a torrent, which tore a deep gulley in plaintiff’s field, destroyed a valuable spring of fresh water near his house, injured the foundations of his house, washed away a quantity of manure from his barn-yard, spoiled his stock of hay in his stable, uprooted two apple trees, besides washing gravel into his barn-yard and over his meadow. It was not…
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