Landis v. Shaeffer
Supreme Court of Pennsylvania
In Error. WRIT of error to the Court of Common Pleas of Lancaster county. brought an action against Abraham Landis, the defendant, for erecting a dam on his own land, in consequence of which the waters of Cocalico creek were interrupted in their course, and thrown back on the land of the plaintiff. The action was referred to arbitrators, who awarded damages to the plaintiff in the sum of 400 dollars.
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In Error. WRIT of error to the Court of Common Pleas of Lancaster county. brought an action against Abraham Landis, the defendant, for erecting a dam on his own land, in consequence of which the waters of Cocalico creek were interrupted in their course, and thrown back on the land of the plaintiff. The action was referred to arbitrators, who awarded damages to the plaintiff in the sum of 400 dollars. The defendant appealed, and the cause having been tried in the Court of Common Pleas of Lancaster county, a verdict was given for the plaintiff, with six cents damages and six cents costs. A…
1Opinion of the Court
The opinion of the Court was delivered by
Tilghmcan C. J.
Our legislature has .introduced a new mode of trial. Either party may, in the first instance, carry the cause before arbitrators, and when they have decided, either party may appeal to the Court of Common Pleas, where there is a trial by jury, in the usual manner. The appeal is subject to certain conditions, one of which is, that the appellant shall enter into a recognisance, with sureties, for payment of the costs of the appeal, according to the regulations of the act of 20th March, 1810, S Sm. L. 131. In the 12th section of this act,…
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