Linton v. Armstrong Water Co.
Superior Court of Pennsylvania
Appeal, No. 204, April T., 1905, by defendant, from judgment of C. P. Armstrong Co., March T., 1899, No. 79, on verdict for plaintiff in case of Phoebe R. E. E. Linton et al. to use of Margaret A. Brown, Administratrix of Robert L. Brown, deceased, v. Armstrong Water Company. Trespass to recover injuries to land, caused by laying a water pipe. White, P. J., specially presiding. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 204, April T., 1905, by defendant, from judgment of C. P. Armstrong Co., March T., 1899, No. 79, on verdict for plaintiff in case of Phoebe R. E. E. Linton et al. to use of Margaret A. Brown, Administratrix of Robert L. Brown, deceased, v. Armstrong Water Company. Trespass to recover injuries to land, caused by laying a water pipe. White, P. J., specially presiding. The facts are stated in the opinion of the Superior Court. Verdiet and judgment for plaintiff for $500. Defendant appealed. Errors assigned were various instructions.
1Opinion of the Court
Opinion by
Henderson, J.,
The verdict of the jury established the fact that the defendant had entered upon the plaintiffs’ land and had excavated a ditch in which it laid an intake pipe. Its liability was *174thereby fixed. Two questions are raised on the pending .appeal, to wit: What is the measure of damages on the facts established, and was the plaintiffs’ claim assignable? The. defendant is a corporation organized under the act of, 1874. It became desirable in the judgment of its managers to lay a pipe from the Allegheny river to a well constructed for the purpose of receiving water through the…
2Cases cited5 opinions
- McFadden v. JohnsonSupreme Court of Pennsylvania · 1873
- Thompson v. Citizens Traction Co.Supreme Court of Pennsylvania · 1897
- Standard Plate Glass Co. v. Butler Water Co.Superior Court of Pennsylvania · 1897
- Williams v. FulmerSupreme Court of Pennsylvania · 1892
- Hankey v. Philadelphia Co.Superior Court of Pennsylvania · 1897
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- Truby v. American Natural Gas Co.Superior Court of Pennsylvania · 1909
- Beechwood Improvement Co. v. Farrell CitySuperior Court of Pennsylvania · 1936
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