Allebrand v. Borough of Duquesne
Superior Court of Pennsylvania
Appeal, No. 102, April T., 1899, by-defendant, from judgment of C. P. No. 1, Allegheny County, June Term, 1897, No. 725, on verdict for plaintiff. Opinion by Rice, P. J. Trespass. Before Collier, P. J. It appears from the evidence that plaintiff was the owner of ground in the borough of Duquesne through which at the time a natural water course draining some seventy to eighty acres of land above his, ran.
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Appeal, No. 102, April T., 1899, by-defendant, from judgment of C. P. No. 1, Allegheny County, June Term, 1897, No. 725, on verdict for plaintiff. Opinion by Rice, P. J. Trespass. Before Collier, P. J. It appears from the evidence that plaintiff was the owner of ground in the borough of Duquesne through which at the time a natural water course draining some seventy to eighty acres of land above his, ran. Plaintiff alleges that as the land was when he bought it he took care of the water that ran down the ravine himself; that he put a terra-cotta pipe there and afterwards a wooden drain, and…
1Opinion of the Court
Opinion by
Rice, P. J.,
The plaintiff is the owner of a lot on the corner of Third street and Hamilton avenue. Formerly, a natural water course branched on private premises on the opposite side of Third street and flowed thence in two channels to and across the street and the plaintiff’s lot. The plaintiff put on his premises an eighteen inch terra-cotta pipe to take the water of the main channel, and a box culvert to take the water of the lower and smaller channel, and afterwards erected over them five houses *221fronting on Third street. These contrivances, he alleges, were sufficient to cany off…
2Cases cited4 opinions
- McDade v. City of ChesterSupreme Court of Pennsylvania · 1888
- Gift v. City of ReadingSuperior Court of Pennsylvania · 1897
- Bealafeld v. Borough of VeronaSupreme Court of Pennsylvania · 1898
- Sullivan v. City of PittsburgSuperior Court of Pennsylvania · 1897
3Cited by2 opinions
- Sewage in Second Class TownshipsPennsylvania Court of Common Pleas · 1947
- Burton v. Borough of DormontCommonwealth Court of Pennsylvania · 1981