Thompson v. McElarney
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Centre county: Of May Term 1876, No. 74. Case by Terence McElarney against John J. Thompson, to recover damages for the flooding and washing of his land and the deposit of sawdust thereon. The facts appear in the opinion of the court. The agreement therein mentioned between Thompson and Beckwith was verbal.
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Error to the Court of Common Pleas of Centre county: Of May Term 1876, No. 74. Case by Terence McElarney against John J. Thompson, to recover damages for the flooding and washing of his land and the deposit of sawdust thereon. The facts appear in the opinion of the court. The agreement therein mentioned between Thompson and Beckwith was verbal. After verdict and judgment for the plaintiff below, McElarney, the defendant below, took this writ of error, assigning for error that part of the charge given in the opinion of the court.
1Opinion of the CourtJustice Woodward
In the year 1862, John J. Thompson, the defendant below, was preparing to build a saw-mill on his land along Laurel run in Bald Eagle Valley, and had selected the site for its erection. Clement Beckwith, then the owner of the property now belonging to the plaintiff below, had laid out the village of Port Matilda, and urged the defendant to build the mill in the neighborhood of this village, at a point lower down the run than that originally selected. The defendant objected on the ground that his access to the railroad would be made difficult, and that he would be unable to dispose of the…
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