Downing v. Baldwin
Supreme Court of Pennsylvania
In Error. CALEB BALDWIN,, the plaintiff below, brought an action on the case, in the Court of Common Pleas of Chester county, against James Downing, the defendant, for disturbing himwith force and arms, &c. in the exercise of his right to a water course through the defendant’s lands.
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In Error. CALEB BALDWIN,, the plaintiff below, brought an action on the case, in the Court of Common Pleas of Chester county, against James Downing, the defendant, for disturbing himwith force and arms, &c. in the exercise of his right to a water course through the defendant’s lands. The president’charged the jury in favour of the plaintiff, and at the request of the defendant’s counsel, filed his charge of record agreeably to the 25th section of the act of assembly of 24th of February, 1806. A writ of error was thereupon sued out; but no bill of exceptions had been tendered by the counsel,…
1Opinion of the Court
Txighman C. J.
This is an action on the case brought by Caleb Baldwin, the plaintiff below, against James Downing, the defendant, for disturbing him with force and arms, &c. in the exercise of his right to cany a stream of water through the land of the defendant. The president of the Court of Common Pleas, at the request of the defendant’s counsel, filed of record, his charge delivered to the jury according to the act of 24th February, 1806, sect. 25, but no' bill of exceptions was tendered by the counsel, or sealed by the judge. It lias been very strenuously argued by the counsel for the…
2Cited by1 opinion
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