Lorah v. Amity Township
Superior Court of Pennsylvania
Appeal, No. 30, Oct. T., 1905, by Mahlon L. Lorah, from order of C. P. Berks Co., Sept. T., 1905, No. 53, refusing to take off nonsuit in case of Mahlon L. Lorah v. Amity Township. Trespass to recover damages for injuries to land. The facts are stated in the opinion of the Superior Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.
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Appeal, No. 30, Oct. T., 1905, by Mahlon L. Lorah, from order of C. P. Berks Co., Sept. T., 1905, No. 53, refusing to take off nonsuit in case of Mahlon L. Lorah v. Amity Township. Trespass to recover damages for injuries to land. The facts are stated in the opinion of the Superior Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit. Where the supervisors of a township for a period of thirty years maintain a gutter along the side of a public road and thereafter dam the gutter so as to collect the water of the…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff’s action is for damages for the wrongful diversion of water from a public highway onto his land by the supervisors of the township. His allegation is that a ditch was cut along the side of the road through an elevation of the ground, thirty years ago or more, by means of which the surface water accumulating on the road and adjacent land Was carried down the road and away from the plaintiff’s land; that this ditch was closed in August, 1905, by the supervisors, the result of which was that the surface water was diverted into his field. The plaintiff admits…
2Cases cited4 opinions
- Kauffman v. GriesemerSupreme Court of Pennsylvania · 1856
- Collins v. City of PhiladelphiaSupreme Court of Pennsylvania · 1880
- Bear v. City of AllentownSupreme Court of Pennsylvania · 1892
- Herr v. AltoonaSuperior Court of Pennsylvania · 1906
3Cited by6 opinions
- Schmidt Et Ux. v. Allegheny Co.Supreme Court of Pennsylvania · 1931
- Metzgar v. Lycoming TownshipSuperior Court of Pennsylvania · 1909
- De Noble v. Wilkins TownshipSuperior Court of Pennsylvania · 1920
- Furtek v. West Deer Township, Pennsylvania Court of Common Pleas, Alleghany County1959
- Yocom v. Township of UnionSuperior Court of Pennsylvania · 1929
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