Magee v. Pennsylvania Schuylkill Valley Railroad

Citations

• 13 Pa. Super. 187
• 1900 Pa. Super. LEXIS 132

Syllabus

<p>Actions — Venue—Jurisdiction—Damages to real property.</p> <p>After the defendant has gone to trial on his plea of the general issue, in an action for damages to real estate, he will not be permitted to question the jurisdiction of the court because the property injured is situated in another county, where under the plaintiff’s statement he might have raised the objection before trial.</p> <p>Water courses — Drains—Turnpike companies.</p> <p>A turnpike company which has by means of artificial drains collected in one channel waters which would otherwise have remained stagnant, or evaporated or gradually flowed off, and discharged them in a mass upon the land of a neighboring owner must compensate such owner for any injury that he may have sustained.</p> <p>Waters — Increase of volume of water — Pollution—Joint.tort feasor.</p> <p>In an action of trespass against a turnpike company and an individual owner of land to recover damages for injuries to plaintiff’s land caused, first, by an increased volume of water thrown upon the land and, secondly, by the pollution of the water, a verdict and judgment against both defendants as joint tort feasors cannot be sustained, if it appears that, although the increase in the volume of water was the joint act of the two defendants, the pollution of the water was the act of the individual defendant alone. '</p> <p>Where an individual landowner permits a drain to be laid on his premises by a turnpike company to carry off water which would otherwise be cast upon his lot, thus deriving a benefit from the drain, especially if he pay part of the cost of the drain, there is such concert of action as to warrant a verdict against both himself and the turnpike company for the injury resulting to a neighbor’s property from the joint act, which would not have resulted if the water had been left to take its natural course.</p> <p>Trespass — Joint tort feasors.</p> <p>In general, where two or more persons act independently in producing an inj