Legal Opinion

Metzgar v. Lycoming Township

Superior Court of Pennsylvania

Decided July 14, 1909No. Appeal, No. 18PublishedCited by 8 opinions

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…

2Cases cited23 opinions

  1. Wheatley v. BaughSupreme Court of Pennsylvania · 1855
  2. Torrey v. City of Scranton, Pennsylvania Court of Common Pleas, Lackawanna County1890
  3. Baltimore & Ohio Railroad v. Sulphur Spring Independent School DistrictSupreme Court of Pennsylvania · 1880
  4. Fair v. City of PhiladelphiaSupreme Court of Pennsylvania · 1879
  5. Pittsburg, Fort Wayne & Chicago Railway v. GillelandSupreme Court of Pennsylvania · 1868

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3Cited by8 opinions

  1. Kimble v. WilsonSupreme Court of Pennsylvania · 1945
  2. Aron v. PhiladelphiaSupreme Court of Pennsylvania · 1932
  3. Sebree v. Huntingdon Water Supply Co.Superior Court of Pennsylvania · 1919
  4. Lang v. Punxsutawney BoroughSuperior Court of Pennsylvania · 1910
  5. Kester v. Main TownshipSuperior Court of Pennsylvania · 1914

3 more not listed; retrieve them via the Exa API.

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