Smith v. Henry
Superior Court of Pennsylvania
Appeal, No. 192, Oct. T., 1916, by plaintiff, from judgment of O. P. Blair Co., March T., 1916, No. 333, on verdict for defendants in case of Albert ’M. Smith v. J. Luden Henry and Samuel C. Tussey. Trespass to recover damages for injuries to land alleged to have been caused by the improper construction of a pipe along a highway. Before Searle, P. J., specially presiding.
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Appeal, No. 192, Oct. T., 1916, by plaintiff, from judgment of O. P. Blair Co., March T., 1916, No. 333, on verdict for defendants in case of Albert ’M. Smith v. J. Luden Henry and Samuel C. Tussey. Trespass to recover damages for injuries to land alleged to have been caused by the improper construction of a pipe along a highway. Before Searle, P. J., specially presiding. From the record it appeared that on June 17, 1909, Samuel C. Tussey, filed a bill in equity against Albert Smith and two other persons, all three being supervisors of Blair Township, and Amos' Birch, roadmaster, to restrain…
1Opinion of the Court
Opinion by
Kephart, J.,
The present action is the outcome of a series of actions wherein adjoining landowners contend over the flow of surface water. ', In Tussey v. Clark, 45 Pa. Superior Ct. 433, where some of the facts on which this case rests were under consideration, this court, in speaking of the order of the court below, which followed the grant of a preliminary injunction, said: “The order referred to was clearly a mandatory order and issued without any sort of authority on the state of the record thén existing.” In that proceeding the present appellant as a supervisor was enjoined from…
2Cases cited9 opinions
- Burrell Township v. UncapherSupreme Court of Pennsylvania · 1887
- Gates v. Pennsylvania R.Supreme Court of Pennsylvania · 1892
- Borough of Brookville v. ArthursSupreme Court of Pennsylvania · 1890
- Fowler v. Borough of Jersey ShoreSuperior Court of Pennsylvania · 1901
- Brookville Borough v. ArthursSupreme Court of Pennsylvania · 1893
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3Cited by3 opinions
- Brobston v. Darby BoroughSupreme Court of Pennsylvania · 1927
- Miller v. ErieSupreme Court of Pennsylvania · 1940
- Schmidt Et Ux. v. Allegheny Co.Supreme Court of Pennsylvania · 1931