Metzgar v. Lycoming Township
Superior Court of Pennsylvania
Appeal, No. 18, Feb. T., 1909, by plaintiff, from order of C. P. Lycoming Co., Sept. T., 1907, No. 266, refusing to take off nonsuit in case of Aaron Metzgar v. Lycoming Township. Trespass to recover damages for injuries to land. Before Ormerod, P. J., specially presiding. The facts are stated in the opinion of the Superior Court. The court entered a compulsory nonsuit which it subsequently refused to take off.
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Appeal, No. 18, Feb. T., 1909, by plaintiff, from order of C. P. Lycoming Co., Sept. T., 1907, No. 266, refusing to take off nonsuit in case of Aaron Metzgar v. Lycoming Township. Trespass to recover damages for injuries to land. Before Ormerod, P. J., specially presiding. The facts are stated in the opinion of the Superior Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Errors assigned were (1) in striking out the evidence; and (3) in refusing to take off nonsuit.
1Opinion of the Court
Opinion by
Morrison, J.,
This was an action of trespass brought by the plaintiff to recover damages which he alleges he sustained because of the overflow of water upon his lands caused by the insufficiency of certain culverts placed across the public highway, thereby causing the water to be dammed up and overflow the road and go down upon his premises, situated on the lower side of the road, destroying his grain and carrying away the surface of the ground.
At the close of the plaintiff's testimony the learned counsel for the defendant moved the court to strike out all the evidence as to the size…
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