JONES v. PENNSYLVANIA

Nos. 10495 & 10494.

75 S.E.2d 103 (1953)

JONES et al. v. PENNSYLVANIA R. R. (two cases).

Supreme Court of Appeals of West Virginia.

Decided March 31, 1953.

Rehearing Denied June 17, 1953.


Attorney(s) appearing for the Case

Goodwin, Spillers & Mead, Russell B. Goodwin and C. Lee Spillers, Wheeling, for plaintiff in error.

Patrick J. McGuire, Weirton, for defendant in error.


BROWNING, Judge.

These two actions of trespass on the case were tried to a single jury in the Circuit Court of Brooke County, and to judgments entered upon verdicts in favor of the plaintiffs, this Court granted writs of error and supersedeas.

The declarations in both cases are substantially the same, and, in effect, charge the defendant with negligently obstructing and diverting the waters of Harmon Creek and casting them against the properties of the plaintiffs...

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