Rhoads v. Davidheiser
Pennsylvania Court of Common Pleas, Berks County
No. 32 January Term 1889, Sup. Ct.; court below, No. 33 December Term 1886, C. P. On November 16, 1886, Cyrus K. Rhoads brought case against Jacob Davidheiser, to recover damages for the washing of surface water upon a lane of the plaintiff, alleging that the same had been unlawfully turned upon his lane by the defendant. The plea of the defendant was not guilty.
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No. 32 January Term 1889, Sup. Ct.; court below, No. 33 December Term 1886, C. P. On November 16, 1886, Cyrus K. Rhoads brought case against Jacob Davidheiser, to recover damages for the washing of surface water upon a lane of the plaintiff, alleging that the same had been unlawfully turned upon his lane by the defendant. The plea of the defendant was not guilty. At the trial on April 18, 1888, the following facts were shown: The plaintiff and the defendant were the owners of adjoining farms, which lay upon the same sloping hillside, and were separated by a line fence running from the top to…
1Opinion of the Court
Opinion,
Mr. Justice McCollum:
For convenience sake, we refer to the parties as they appear on the record in the Common Pleas.
It is established by the verdict of the jury that the defendant obstructed a water-course or channel on his farm, in which the surface water collected thereon was accustomed to flow, and that he constructed ditches from it by means of which the water was discharged upon the land of the plaintiff, to his injury. An examination of the evidence has satisfied us that it justified the verdict, and we have only to inquire whether the court committed any error in the…
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