Hufnagle v. Delaware & Hudson Co.
Supreme Court of Pennsylvania
Jan. T., 1909, by defendant, from judgment of C. P. Lackawanna Co., Sept. T., 1902, No. 774, on verdict for plaintiff in case of J. G. Hufnagle v. Delaware & Hudson Company. Trespass for damages for flooding land by impeding natural flow of a river. Before Staples, P. J., specially presiding. The facts appear in the opinion of the Supreme Court.
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Jan. T., 1909, by defendant, from judgment of C. P. Lackawanna Co., Sept. T., 1902, No. 774, on verdict for plaintiff in case of J. G. Hufnagle v. Delaware & Hudson Company. Trespass for damages for flooding land by impeding natural flow of a river. Before Staples, P. J., specially presiding. The facts appear in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $10,000. Defendant appealed.' Errors assigned were the improper admission and rejection of evidence, improper charge and erroneous refusal to charge the jury as requested by defendant, and in sustaining…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
March 14, 1910:
At the trial in the court below it was charged that the defendant by the construction of a narrow gauge mine railroad, and by the deposit in the bed of the stream of material from an old mine drift, had so obstructed the channel of a river that the water became dammed up and broke the banks, overflowing and causing serious damage to plaintiff's property. Holes o'r ravines were washed in the surface, and large quantities of culm were deposited upon the land of the plaintiff. The injury occurred during certain floods in the years 1901 and 1902.
The…
2Cases cited3 opinions
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