Barrett v. Minersville Borough
Superior Court of Pennsylvania
Appeal, No. 69, Oct. T., 1907, by defendant, from judgment of C. P. Schuylkill Co., Sept. T., 1906, No. 228, on verdict for plaintiff in case of George Barrett, Jr., v. Minersville Borough Corporation. Trepass to recover damages for injuries to real estate. Before Marr, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 69, Oct. T., 1907, by defendant, from judgment of C. P. Schuylkill Co., Sept. T., 1906, No. 228, on verdict for plaintiff in case of George Barrett, Jr., v. Minersville Borough Corporation. Trepass to recover damages for injuries to real estate. Before Marr, J. The facts are stated in the opinion of the Superior Court. The court charged in part as follows: flf, on the other hand, you find that the flow of water upon the plaintiff’s premises or upon his leasehold estate was caused by the construction of the gutter, either in the fact that it cast a greater lot of water upon his…
1Opinion of the Court
Opinion by
Rice, P. J.,
The boundary line between the borough of Minersville and the township of Branch crosses the premises of which the plaintiff was lessee at the time of the injury complained of. His premises abut in part on Delaware avenue, a borough street, and in part on the extension of the same highway in the township. The buildings he claims to have been injured are in the township. The borough constructed a paved gutter along Delaware avenue to the line of Branch township and there stopped. The allegation of the plaintiff’s statement of claim is that at this end of the gutter the…
2Cases cited14 opinions
- Strauss v. AllentownSupreme Court of Pennsylvania · 1906
- Stork v. City of PhiladelphiaSupreme Court of Pennsylvania · 1900
- Bohan v. Avoca BoroughSupreme Court of Pennsylvania · 1893
- Torrey v. City of Scranton, Pennsylvania Court of Common Pleas, Lackawanna County1890
- Cooper v. Scranton CitySuperior Court of Pennsylvania · 1902
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3Cited by2 opinions
- Ringwalt v. BoroughSuperior Court of Pennsylvania · 1912
- Schrœder v. Borough of MechanicsburgSuperior Court of Pennsylvania · 1920