Fritch v. Borough of Northampton
Superior Court of Pennsylvania
Appeal, No. 18, Oct. T., 1920, by plaintiff, from judgment of C. P. Northampton County, June T., 1917, No. 6, refusing to strike off compulsory nonsuit in the case of Levi L. Fritch v. The Borough of Northampton. Trespass to recover damages for unlawful diversion of surface water by a municipality upon the property of the plaintiff. Before McKeen, J. The facts are stated in the opinion of the Superior Court.
Read the full summary
Appeal, No. 18, Oct. T., 1920, by plaintiff, from judgment of C. P. Northampton County, June T., 1917, No. 6, refusing to strike off compulsory nonsuit in the case of Levi L. Fritch v. The Borough of Northampton. Trespass to recover damages for unlawful diversion of surface water by a municipality upon the property of the plaintiff. Before McKeen, J. The facts are stated in the opinion of the Superior Court. The court entered a compulsory nonsuit which it subsequently refused to strike off. Plaintiff appealed. Error assigned was the refusal to strike off nonsuit. The plaintiff was entitled to…
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff in this action of trespass seeks to recover damages for injury to his property caused by the flow of surface water upon and over the same, alleging that the injury resulted from the gráding and improvement of certain streets by the borough authorities. The court below entered a nonsuit, which it subsequently refused to take off, and the plaintiff appeals.
The statement of the plaintiff averred it to be the duty of the borough to take care of all surface water that collected within the said borough and flowed upon its streets and to prevent the same from…
2Cases cited6 opinions
- Carr v. Northern LibertiesSupreme Court of Pennsylvania · 1860
- Cooper v. Scranton CitySuperior Court of Pennsylvania · 1902
- Collins v. City of PhiladelphiaSupreme Court of Pennsylvania · 1880
- Robinson v. Norwood BoroughSupreme Court of Pennsylvania · 1906
- Ringwalt v. BoroughSuperior Court of Pennsylvania · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Aron v. PhiladelphiaSupreme Court of Pennsylvania · 1932
- Breiner v. C & P Home Builders, Inc.District Court, E.D. Pennsylvania · 1975
- Diklich v. JohnstownSuperior Court of Pennsylvania · 1935
- Breiner v. C. & P. Home Builders, Inc., Pennsylvania Court of Common Pleas, Lehigh County1974