Mitchell v. City of New Castle

Opinion by

Mr. Justice Simpson,

Plaintiff sued defendant to recover damages for injury to his real and personal property, caused, as he alleges, by the defendant municipality unlawfully flooding his store with rain water. The verdict was for plaintiff, who appeals from a judgment entered for defendant non obstante veredicto. Under such circumstances “all the evidence and inferences therefrom favorable to plaintiff must be taken as true, and all unfavorable to him, if depending solely upon testimony, must be rejected”: Fuller v. Stewart Coal Co., 268 Pa. 328; Keck v. Pittsburgh, etc., Ry. Co.,…