Cutler v. Peck Lumber Manufacturing Co.

Opinion by

Me. Justice Linn,

Defendant appeals from judgment on a verdict for personal injuries and complains that its motion for judgment n. o. v. was refused.

The circumstances are very unusual. Defendant maintains a lumber yard and mill on the Lackawanna River in the City of Scranton. Plaintiff’s home is on the property of the defendant, by whom her father was employed as yardmaster. On May 22,1942, extraordinary rains and the breaking of several dams caused an unprecedented flood which reached its height during that night; on Saturday, May 23rd, the water was still several feet above the…