Wilson v. McCluskey
Superior Court of Pennsylvania
Appeal, No. 23, Oct. T., 1912, by defendants, from judgment of C. P. Schuylkill Co., Jan. Term, 1909, No. 217, on verdict for plaintiff in case of James Wilson v. Bessie McCluskey and Peter McCluskey. Trespass to recover damages for injuries to land. See Wilson v. McCluskey, 46 Pa.
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Appeal, No. 23, Oct. T., 1912, by defendants, from judgment of C. P. Schuylkill Co., Jan. Term, 1909, No. 217, on verdict for plaintiff in case of James Wilson v. Bessie McCluskey and Peter McCluskey. Trespass to recover damages for injuries to land. See Wilson v. McCluskey, 46 Pa. Superior Ct. 594. Before Shay, P. J. At the trial it appeared that plaintiff claimed to recover damages for injuries to his property in New Castle alleged to have been, caused by the washing of ashes and dirt from defendants’ lot on to the plaintiff’s. Defendants presented, inter alia, these points: 14. The…
1Opinion of the Court
Opinion by
Rice, P. J.,
It was alleged in the plaintiff’s statement of claim that the defendants, for a space of about thirty feet on the north side of their building, immediately adjoining plaintiff’s property, deposited large quantities of dirt and ashes, and, for said length and to the width of about eight feet, raised and elevated the ground from a foot to four feet; also that, in the construction of their building, the defendants so arranged the waterspout that large quantities of rain water were discharged therefrom and flowed into and upon the plaintiff’s premises, carrying with it ashes *28…
2Cases cited6 opinions
- Rielly v. StephensonSupreme Court of Pennsylvania · 1908
- Gould v. McKennaSupreme Court of Pennsylvania · 1878
- Wilson v. McCluskeySuperior Court of Pennsylvania · 1911
- Wertz v. Girardville BoroughSuperior Court of Pennsylvania · 1906
- Ansley v. City of ScrantonSupreme Court of Pennsylvania · 1907
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