White v. Philadelphia & Reading Railway Co.
Superior Court of Pennsylvania
Appeal, No. 93, Oct. T., 1910, by plaintiff, from order of C. P. No. 1, Phila. Co., March Term, 1908, No. 5,396, entering judgment for defendant n. o. v. in case of William White v. Philadelphia & Reading Railway Company. Trespass to recover damages for injuries to real estate. Before Brégy, P. J. The facts appear by the opinion of the Superior Court.
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Appeal, No. 93, Oct. T., 1910, by plaintiff, from order of C. P. No. 1, Phila. Co., March Term, 1908, No. 5,396, entering judgment for defendant n. o. v. in case of William White v. Philadelphia & Reading Railway Company. Trespass to recover damages for injuries to real estate. Before Brégy, P. J. The facts appear by the opinion of the Superior Court. At the trial the jury returned a verdict for $1,609. Subsequently the court entered judgment for the defendant n. o. v. Error assigned was in entering judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Porter, J.,
The appellant brought an action of trespass against the defendant company averring that the latter had been guilty of negligence in so maintaining and operating its line that water “falling, deposited and collected on the roadbed thereof, was collected and allowed by said defendant company to stand and remain in said roadbed opposite to and alongside of plaintiff’s property;” and had negligently removed a pipe or drain that was provided to carry away and drain off the water from said roadbed opposite plaintiff’s premises, by reason whereof the water so collected was…
2Cases cited8 opinions
- Strauss v. AllentownSupreme Court of Pennsylvania · 1906
- Rielly v. StephensonSupreme Court of Pennsylvania · 1908
- Bentz v. ArmstrongSupreme Court of Pennsylvania · 1844
- Updegrove v. Penna. Sch. V. R.Supreme Court of Pennsylvania · 1890
- Berninger v. Sunbury, Hazleton & Wilkes-Barre Railway Co.Supreme Court of Pennsylvania · 1902
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3Cited by2 opinions
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- Flaherty v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.Superior Court of Pennsylvania · 1916