Trimmer v. Berkheimer

Citations

• 61 Pa. Super. 269
• 1915 Pa. Super. LEXIS 315

Syllabus

<p>Nuisance — Private nuisance — Abatement—Spout from overhanging roof.</p> <p>An overhanging roof with a spouting attached thereto which discharges water onto the land of an adjoining owner is a private nuisance, and it may be abated by the injured person on his own motion without resorting to legal proceedings, if that may be done without a breach of the peace.</p> <p>An owner has no right to accumulate and carry the water from the roof of his house onto the lot of an adjoining owner, and if he does so, the adjoining owner may adopt the means most available and least prejudicial to the offender in turning it back on to the latter’s premises.</p> <p>Trespass — Nailing boards across neighbor’s windows — Landlord and tenant — Damages—Evidence.</p> <p>Where an owner of land nails boards across the windows on the wall of his neighbor’s building next to his own lot, and the neighbor puts in skylights to give light to the tenant who occupied the premises, the trespasser cannot be charged with the cost of the skylight, inasmuch as the injury was to the tenant, and not to the landlord.</p> <p>The implied covenant of quiet enjoyment in a lease only covers the conduct of the lessor or those holding title paramount.</p> <p>In an action of trespass where the defendant is charged with several trespasses, one of them for throwing down a brick wall, and the trial judge withdraws this particular trespass from the consideration of the jury on the ground that there was a dispute as to the ownership of the land on which the wall was located, evidence of vexatious conduct of the defendant in connection with the wall is inadmissible for the purpose of establishing either compensatory or punitive damages.</p>