McCullough v. Seitz
Superior Court of Pennsylvania
Appeal, No. 14, March T., 1905, by plaintiff, from judgment of C. P. Cumberland Co., Sept. .T., 1898, No. 290, on verdict for defendant in case of Brady McCullough v. Jacob Seitz. Trespass to recover damages for injury alleged to have been caused by discharge of water on land. Before E. W. Beddle, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 14, March T., 1905, by plaintiff, from judgment of C. P. Cumberland Co., Sept. .T., 1898, No. 290, on verdict for defendant in case of Brady McCullough v. Jacob Seitz. Trespass to recover damages for injury alleged to have been caused by discharge of water on land. Before E. W. Beddle, P. J. The facts are stated in the opinion of the Superior Court. Plaintiff presented these points : 1. That if the jury find that the waters falling upon the land of Seitz or flowing from the spring rising thereon, or that the waters falling on adjacent and adjoining lands which gathered on the…
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff seeks to recover damages for injuries alleged to have been sustained by his farm by a discharge of water upon it from a living spring, and through a drain located upon the defendant’s adjoining land, and by the diversion through said drain of the natural flow of the surface water. The plaintiff produced evidence tending to establish that the natural flow of the water had been changed through the’construction by the defendant of the drain in question, about the year 1884 or 1885. The defendant replied to this by producing evidence that the water flowed in its…
2Cases cited8 opinions
- Hague v. HagueSupreme Court of Pennsylvania · 1894
- Stump v. FindlaySupreme Court of Pennsylvania · 1828
- Wolford v. MorgenthalSupreme Court of Pennsylvania · 1879
- Smilie v. BiffleSupreme Court of Pennsylvania · 1845
- White v. WilliamsonSupreme Court of Pennsylvania · 1858
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Dallas Compress Co. v. SmithSupreme Court of Alabama · 1914
- Neumann v. Walters, Pennsylvania Court of Common Pleas, Chester County1981