Welliver v. Pennsylvania Canal Co.
Superior Court of Pennsylvania
Appeal, No. 37, Jan. T., 1903, by defendant, from judgment of C. P. Columbia Co., Sept. T., 1899, No. 308, on verdict for plaintiff in case of Ida Welliver v. Pennsylvania Canal Company. Trespass to recover damages to land.
Read the full summary
Appeal, No. 37, Jan. T., 1903, by defendant, from judgment of C. P. Columbia Co., Sept. T., 1899, No. 308, on verdict for plaintiff in case of Ida Welliver v. Pennsylvania Canal Company. Trespass to recover damages to land. Before Little, P. J. At the trial the court admitted under defendant’s objection and exception evidence as to the market value of the land. [2-4] Plaintiff presented this point: 2. That if the jury find from all the evidence that through the negligence of defendant the water was allowed to flow upon the plaintiff’s land, it was not her duty nor the duty of the predecessor…
1Opinion of the Court
Opinion by
Beaver, J.,
This case, as presented' to the jury, by reason of sundry amendments before and at the time of trial, was the suit of Ida Welliver and J. C. Sponenberg to the use of Ida Welliver, against the Pennsylvania Canal Company, for the recovery of damages for the negligent maintenance and repair of the defendant’s canal and its banks through the land of the plaintiff in such a negligent manner as to damage and injure the plaintiff, etc., during and since the year 1892. '
The various assignments allege error in the admission of testimony, the answers of the court below to the…
2Cases cited5 opinions
- Robb v. Carnegie Bros., Pennsylvania Court of Common Pleas, Westmoreland County1891
- Lentz v. Carnegie Bros., Pennsylvania Court of Common Pleas, Westmoreland County1892
- Eshleman v. Martic TownshipSupreme Court of Pennsylvania · 1892
- Himes v. KiehlSupreme Court of Pennsylvania · 1893
- Lucot v. RodgersSupreme Court of Pennsylvania · 1893
3Cited by8 opinions
- Titus v. Poland Coal Co.Supreme Court of Pennsylvania · 1923
- Brenner v. LesherSupreme Court of Pennsylvania · 1938
- Glasgow v. City of AltoonaSuperior Court of Pennsylvania · 1905
- Trimmer v. BerkheimerSuperior Court of Pennsylvania · 1915
- Hettrick v. EbySuperior Court of Pennsylvania · 1915
3 more not listed; retrieve them via the Exa API.