Kester v. Main Township
Superior Court of Pennsylvania
Appeal, No. 24, March T., 1914, by plaintiff, from judgment of C. P. Columbia Co., Sept. T., 1911, No. 257, on verdict for defendant in case of Jeremiah Kester v. Main Township. Trespass to recover damages for injuries to a mill property. Before Johnson, J., specially presiding.
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Appeal, No. 24, March T., 1914, by plaintiff, from judgment of C. P. Columbia Co., Sept. T., 1911, No. 257, on verdict for defendant in case of Jeremiah Kester v. Main Township. Trespass to recover damages for injuries to a mill property. Before Johnson, J., specially presiding. At the trial after the jury had been charged and retired they returned, and the foreman made the following statement: By the foreman of the jury: Your honor, we are agreed to disagree, and therefore we would ask for instructions in regard to a few matters, which we seem impossible to agree about. In case this jury…
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff claimed that the supervisors of the defendant township so negligently and carelessly changed the natural course of a stream of water and repaired a public highway crossing his lands, near to his dwelling house and gristmill, that the natural flow of water was interfered with, and diverted into his buildings, as to cause him damage and injury in the enjoyment of his property and seriously affect its market value. The defense was that the repairs to the road were necessary, and were made in a careful and proper manner, and further, that all injury to the…
2Cases cited4 opinions
- Helbling v. Allegheny Cemetery Co.Supreme Court of Pennsylvania · 1902
- Gift v. City of ReadingSuperior Court of Pennsylvania · 1897
- Metzgar v. Lycoming TownshipSuperior Court of Pennsylvania · 1909
- Edwards v. WilliamsportSuperior Court of Pennsylvania · 1908