Mulligan v. Pennsylvania Railroad

Citations

• 225 Pa. 76
• 73 A. 1058
• 1909 Pa. LEXIS 606

Syllabus

<p>Waters — Extraordinary flood — Damages to land — Sewer—Railroads.</p> <p>In an action of trespass against a railroad company to recover damages for the flooding of land by reason of an alleged defective or deficient sewer, where the evidence shows that the injury took place at the time of an extraordinary flood, the burden is upon the plaintiff to show that notwithstanding the extraordinary character of the water, the defendant’s failure to maintain a sewer of sufficient capacity and in condition to carry off ordinary water at the time, was the actual producing cause of the injury, and if he fails to produce such proof he is properly nonsuited.</p>