O'Malley v. Erie & Wyoming Valley Railroad

Citations

• 36 Pa. Super. 92
• 1908 Pa. Super. LEXIS 118

Syllabus

<p>Railroads — Diversion of water onto neighboring lands — Evidence.</p> <p>In an action against a railroad company to recover damages for injuries to land caused by an alleged wrongful diversion of water from the street on which the railroad tracks were laid, binding instructions should be given for the defendant, where the evidence shows that the tracks had been laid before plaintiff had title’to the land in question; that the construction of the roadbed did not cause the conditions complained of; that no change in the condition of the tracks or the surrounding lands had occurred since the original laying of the tracks; and there is a total absence of facts from which a legal conclusion could be drawn that the defendant was under any obligation to the plaintiff to take care of the water which flowed along the street during heavy rains.</p>