Lang v. Punxsutawney Borough
Superior Court of Pennsylvania
Appeal, No. 30, April T., 1910, by plaintiff, from order of C. P. Jefferson Co., Nov. T., 1907, No. 107, refusing to take off nonsuit in case of J. S. Land v. Punxsutawney Borough. Trespass to recover damages to real estate caused by the construction of a sewer. Before Hall, J., specially presiding. The facts are stated in the opinion of the Superior Court. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Head, J.,
Prior to the occurrences of which the plaintiff complains *173the defendant borough, in the exercise of a familiar municipal power, had constructed a sewer which might be designated the Farmers alley or Findley street sewer. It had also constructed a separate or branch line known as Graveyard run sewer. This latter occupied the bed or channel of a spring run, known as Graveyard run, and apparently was designed to take care of the water it carried, as well as for general sewer purposes. The premises of the plaintiff were connected with the sewer first mentioned. Some…
2Cases cited4 opinions
- Torrey v. City of Scranton, Pennsylvania Court of Common Pleas, Lackawanna County1890
- Weir v. Plymouth BoroughSupreme Court of Pennsylvania · 1892
- Cooper v. Scranton CitySuperior Court of Pennsylvania · 1902
- Metzgar v. Lycoming TownshipSuperior Court of Pennsylvania · 1909