Murphy v. Matthews
Superior Court of Pennsylvania
Appeal, No. 00, Oct. T., 1909, by plaintiff, from judgment of C. P. Schuylkill Co., Oct. T., 1909, No. 1, for defendant non obstante veredicto in case of Maria Murphy v. Israel Matthews and the Philadelphia & Reading Coal & Iron Company. Trespass to recover damages for the diversion of waters of a stream. Before Marr, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 00, Oct. T., 1909, by plaintiff, from judgment of C. P. Schuylkill Co., Oct. T., 1909, No. 1, for defendant non obstante veredicto in case of Maria Murphy v. Israel Matthews and the Philadelphia & Reading Coal & Iron Company. Trespass to recover damages for the diversion of waters of a stream. Before Marr, P. J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $250. Subsequently the court entered judgment for defendants non obstante veredicto. Plaintiff appealed. Error assigned amongst others was in entering judgment for defendants non obstante…
1Opinion of the Court
Opinion by
Oblad y, J.,
This action of trespass was brought tq recover, punitive damages for the continuing use and damage to the plaintiff’s property, by the diversion of water from springs on the land of the Philadelphia & Reading Coal & Iron Company, an upper riparian owner, and which flowed in a definite, natural channel through and across the land of the plaintiff. The defendant, Matthews, obtained permission from the coal company to, and did divert and use the water on his adj acent property. This plaintiff brought her second action against the same defendants as those named in No. 401,…
2Cases cited7 opinions
- Coleman's AppealSupreme Court of Pennsylvania · 1869
- Holland v. KindreganSupreme Court of Pennsylvania · 1893
- Rauwolf v. GlassSupreme Court of Pennsylvania · 1898
- Menner v. President of the Delaware & Hudson Canal Co.Superior Court of Pennsylvania · 1898
- Hartman v. Pittsburg Inclined Plane Co.Superior Court of Pennsylvania · 1903
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