Dutton v. Philadelphia, Baltimore & Washington Railroad
Superior Court of Pennsylvania
Appeal, No. 69, Oct. T., 1905, by defendant, from judgment of C. P. Del. Co., Sept. T., 1903, No. 114, on verdict for plaintiff in case of George G. Dutton v. Philadelphia, Baltimore & Washington Railroad Company and the Chester Creelc Railroad Company. Trespass to recover damages for injuries to a milldam. The facts are stated in the opinion of the Superior Court. The court refused binding instructions for defendant.
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Appeal, No. 69, Oct. T., 1905, by defendant, from judgment of C. P. Del. Co., Sept. T., 1903, No. 114, on verdict for plaintiff in case of George G. Dutton v. Philadelphia, Baltimore & Washington Railroad Company and the Chester Creelc Railroad Company. Trespass to recover damages for injuries to a milldam. The facts are stated in the opinion of the Superior Court. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for $1,860.74. Defendant appealed. Errors assigned were (1, 2) in permitting E. A. Howell to testify; (3, 4) in refusing binding instructions…
1Opinion of the Court
Opinion by
Beaver, J.,
A clear understanding of the plaintiff’s cause of action, as set forth in his statement, will greatly simplify the disposition of this case.
The claim is that the breast of the dam of the plaintiff was torn out by reason of the restriction of the flow of the ice, in and from a stream over which the defendant had erected a bridge, upon and over which its railroad was constructed.
The plaintiff’s statement sets forth, that “ Said bridge, as it was originally constructed and as it remained for many years, rested on two abutments, one on each side of said creek, clear of the…
2Cases cited2 opinions
- Berninger v. Sunbury, Hazleton & Wilkes-Barre Railway Co.Supreme Court of Pennsylvania · 1902
- Miller v. Buffalo & Susquehanna RailroadSuperior Court of Pennsylvania · 1905
3Cited by2 opinions
- Sebree v. Huntingdon Water Supply Co.Superior Court of Pennsylvania · 1919
- Pepin v. Bethlehem Steel Corp., Pennsylvania Court of Common Pleas, Northampton County1977