Crosland v. Borough of Pottsville
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY. No. 301 January Term 1886, Sup. Ct.; court below, No. 262 November Term 1881, C. P. On October 18,1881, John M. Crosland brought ease against tlie borougli of Pottsville.
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ERROR TO THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY. No. 301 January Term 1886, Sup. Ct.; court below, No. 262 November Term 1881, C. P. On October 18,1881, John M. Crosland brought ease against tlie borougli of Pottsville. The narr set out the ownership by the plaintiff of a certain messuage and premises in said borough and charged that the defendant borough had wrongfully caused and procured to be laid down immediately in front thereof certain drain-pipe by which large quantities of foul water, drainage from privies, as well as other drainage flowed “ down to, upon, against and into the…
1Opinion of the Court
*521Opinion,
Mr. Justice Clark:
Alter the argument of this ease, it was assigned to our lau; brother Trunkey for an opinion. After his death, the reassignment of it was overlooked and hence the delay in entering judgment.
We will not enter into any extended discussion of the case, but will briefly state the grounds for the judgment we now enter. As the jury received binding instructions to find for the defendant, the testimony adduced by the plaintiff, with all reasonable inferences to be drawn therefrom, must be taken as establishing the true theory of the case on the facts.
We assume, therefore,…
2Cases cited3 opinions
- Barclay v. CommonwealthSupreme Court of Pennsylvania · 1855
- Beard v. MurphySupreme Court of Vermont · 1864
- Taggart v. CommonwealthSupreme Court of Pennsylvania · 1853
3Cited by2 opinions
- Acupuncture Center of Washington v. DunlopCourt of Appeals for the D.C. Circuit · 1976
- McGurk v. Piecuch, Pennsylvania Court of Common Pleas, Philadelphia County1937