Bohan v. Avoca Borough
Supreme Court of Pennsylvania
Appeal, No. 88, Jan. T., 1893, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1887, No. 490, on verdict for plaintiff, Paul Bohan. Trespass for injuries caused to plaintiff’s house and lot by the construction of gutters. At the trial, before Rice, P. J., plaintiff claimed that defendant constructed gutters in the street on which his property was situated, in such a way as to divert the surface water from its natural course, and cast it upon his premises.
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Appeal, No. 88, Jan. T., 1893, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1887, No. 490, on verdict for plaintiff, Paul Bohan. Trespass for injuries caused to plaintiff’s house and lot by the construction of gutters. At the trial, before Rice, P. J., plaintiff claimed that defendant constructed gutters in the street on which his property was situated, in such a way as to divert the surface water from its natural course, and cast it upon his premises. Michael Whalen, defendant’s witness, after testifying to the condition of the ravine, was asked: “ Q. How long ago was that;…
1Opinion of the Court
Opinion by
Mr. Chief Justice Stebbett,
One of the specifications in this case is, refusal of the court to sustain objections to' questions put, — on cross-examination of defendant’s witness, — for the purpose of showing that the gutters, alleged to have caused the injury complained of, were constructed by the defendant borough or under its authority. The objections were, (a) that the questions were not proper cross-examination, and (5) that the fact sought to be proved was part of plaintiff’s case in chief, and could be proved only by the records of the borough council. The court having over*409rule…
2Cases cited2 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- Jackson v. LitchSupreme Court of Pennsylvania · 1870
3Cited by27 opinions
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- Glenn v. Philadelphia & West Chester Traction Co.Supreme Court of Pennsylvania · 1903
- Boalsburg Water Co. v. State College Water Co.Supreme Court of Pennsylvania · 1913
- Brown, for Use v. Castle Shannon Boro.Supreme Court of Pennsylvania · 1935
- Rothwell v. California BoroughSuperior Court of Pennsylvania · 1902
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