Lucot v. Rodgers

Citations

• 159 Pa. 58
• 28 A. 242
• 1893 Pa. LEXIS 1477

Syllabus

<p>Trespass — Waters—Negligence—Measure of damages.</p> <p>In an action of trespass to recover damages for injuries to a retaining wall and a house, the evidence for plaintiff tended to show that plaintiff’s house was situated on the lower side of a street which was cut out of a hillside, and that the retaining wall was built along the lower line of the street to protect the house and lot; that defendant deposited a large amount of earth upon the street in such a way that the water was stopped from flowing along the street, and soaked down through the earth, loosening the hillside so that its downward pressure injured the wall and the house. Defendant denied that he had placed any large quantity of earth upon the street. Held, that a verdict and judgment for plaintiff should be sustained.</p> <p>In such a case the measure of damages was the cost of remedying the injury, unless such cost exceeded the value of the property injured, when such value became the measure.</p>