169 A. 104 | Pa. | 1933
Argued September 29, 1933. Plaintiffs appeal from a judgment entered upon a verdict for defendant in an action of trespass to recover damages occasioned by the flooding of property owned by the estate of Hannah Butterweck, deceased. The house and lot of ground in question are located at the corner of East Carson Street and Beck's Run Road in the City of Pittsburgh. The statement of claim averred that the flooding resulted from the negligence of defendant city in permitting earth and débris to accumulate under a culvert crossing Beck's Run, so that the water of the run, which was used as an open sewer, was unable to follow its accustomed channel and was diverted upon plaintiffs' property. The jury returned a verdict for defendant.
The only question presented for our consideration is the admissibility of the testimony of W. McClurg Donley, an engineer, called by defendant, who gave his opinion, based upon his knowledge of the topography of the land in the vicinity and other relevant facts, that the clogging of the culvert was not the cause of the flooding *213
of plaintiffs' property and that, because of the unusual rainfall, the flow of water from Beck's Run would have been as great at plaintiffs' house whether the culvert was obstructed or not. Appellants contend that expert testimony is not admissible to contradict the evidence of eyewitnesses where the circumstances can be fully and adequately described to the jury and are such that their bearing on the issue can be estimated by all men without special knowledge or training, citing Graham v. Penna. Co.,
In Updegrove v. P. R. Ry. Co.,
In Gurley v. San Antonio A. P. Ry. Co.,
The judgment of the court below is affirmed at appellant's cost.