Bentz v. Armstrong
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. Robert Armstrong against William Bentz. John Wilkinson being the owner of a lot 50 feet in front on Quarry street, in Pittsburgh, agreed that his two partners in the plastering business, Bentz and Crawford, should be equally interested with him, and, he conveyed to them accordingly; after which they divided the same into two lots of fifteen feet each, one of sixteen feet, and an alley of four feet between them for the…
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ERROR to the District Court of Allegheny county. Robert Armstrong against William Bentz. John Wilkinson being the owner of a lot 50 feet in front on Quarry street, in Pittsburgh, agreed that his two partners in the plastering business, Bentz and Crawford, should be equally interested with him, and, he conveyed to them accordingly; after which they divided the same into two lots of fifteen feet each, one of sixteen feet, and an alley of four feet between them for the accommodation of all, and they built three houses upon them. Upon the dissolution of their partnership, each took one of the…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The principal error in this case is an exception to the charge of the court upon a point on which it was thought the plaintiff’s right to recover mainly depended. The plaintiff below claimed a right to turn the water which fell upon his lot from rain, as also that which arose from a spring on it, upon the adjoining lot of the defendant below. This claim of the plaintiff below was resisted by the defendant, who placed an obstruction on his own lot, so as to prevent, the water running on it from the plaintiff’s lot; but the consequence seems…
2Cited by15 opinions
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- Livingston v. McDonaldSupreme Court of Iowa · 1866
- O'Brien v. City of St. PaulSupreme Court of Minnesota · 1878
- Rielly v. StephensonSupreme Court of Pennsylvania · 1908
- Vanderwiele v. . TaylorNew York Court of Appeals · 1875
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