Hileman v. Hileman
Supreme Court of Pennsylvania
Appeal, No. 296, Oct. T., 1894, by defendants, from judgment of C. P. Armstrong Co., Sept. T., 1892, No. 71, on verdict for plaintiff. Trespass to recover damages for the pollution of a stream by the operation of a distillery. Before Rayburn, P. J. From the record it appeared that on June 5, 1893, the case came on for trial and a verdict was given in favor of the defendants. On January 20, 1894, the verdict was set aside and a new trial granted.
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Appeal, No. 296, Oct. T., 1894, by defendants, from judgment of C. P. Armstrong Co., Sept. T., 1892, No. 71, on verdict for plaintiff. Trespass to recover damages for the pollution of a stream by the operation of a distillery. Before Rayburn, P. J. From the record it appeared that on June 5, 1893, the case came on for trial and a verdict was given in favor of the defendants. On January 20, 1894, the verdict was set aside and a new trial granted. On February 26, 1894, a motion was made to amend the praecipe, writ and statement by striking out the words “ doing business under the firm name of…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
The plaintiff, Joseph Hileman, was the lower landowner on *328a small stream; the defendants operated a distillery on the stream above him; he alleged, they, by slops and other refuse from the distillery, so polluted the water as to render it unfit for use, and thereupon, on June 27,1892, he brought trespass for damages. The case came on for trial June 5, 1893, and resulted in a verdict for defendants; on motion for new trial, the verdict was set aside and new trial granted; plaintiff then moved to amend by strikiug from the name of defendants the words, “ doing…
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- King v. MyersSuperior Court of Pennsylvania · 1915
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