Philadelphia & R. R. v. Smith
Court of Appeals for the Third Circuit
In Error to the Circuit Court of the United States for the District of iSfew Jersey. This was an. action by Abraham Smith against the Philadelphia & Reading Railroad Company to recover damages for a nuisance. On trial in the circuit court, the plaintiff had a verdict. A motion fey defendant for a new trial was granted, unless the verdict was in port remitted. S7 Fed. 903. Judgment was entered for plaintiff. Defendant brings error.
1Opinion of the Court
DALLAS, Circuit Judge.
On May 14,1879, the Delaware & Bound Brook Railroad Company leased its railroad to the Philadelphia & Reading Railroad Company, plaintiff in error, and the latter company entered under the lease. Long prior to the demise, an embankment forming part of the roadbed had been so constructed as to prevent the flow of water through a small run, fed by springs, on *680land of the plaintiff below; and a ditch had been dug along the foot of the embankment to conduct the water to the Raritan river and there discharge it. The first count of the declaration avers that this ditch “fails…
2Cases cited10 opinions
- State v. JohnstonTennessee Supreme Court · 1847
- Ahern v. . SteeleNew York Court of Appeals · 1889
- Irvine v. . WoodNew York Court of Appeals · 1872
- Nichols v. City of BostonMassachusetts Supreme Judicial Court · 1867
- Grisby v. Clear Lake Water Works Co.California Supreme Court · 1870
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3Cited by12 opinions
- Bowman v. HumphreySupreme Court of Iowa · 1906
- Clarke v. BoysenCourt of Appeals for the Tenth Circuit · 1930
- Curtis v. KastnerCalifornia Supreme Court · 1934
- North Bend Lumber Co. v. City of SeattleWashington Supreme Court · 1921
- Marshall v. Wichita & Midland Valley RailroadSupreme Court of Kansas · 1915
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