Hughes v. Heiser
Supreme Court of Pennsylvania
In Error. w RIT of error to the common pleas of Berks county. Heiser, the plaintiff below, brought his action against Hughes to recover damages for obstructing the navigation of the Big Schuylkill.
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In Error. w RIT of error to the common pleas of Berks county. Heiser, the plaintiff below, brought his action against Hughes to recover damages for obstructing the navigation of the Big Schuylkill. The declaration set forth, that by an act of assembly, passed March 1,1800, Big Schuylkill, from the mouth of Norwegian creek to where the Catawissey road crosses it, was made a public highway for the passage of boats and rafts; with a.proviso, that the act shouldnot be understood to prevent any person, possessing lands on the'river, who before the act had authority to erect a dam, from erecting…
1Opinion of the Court
The opinion of the court was delivered by
Tjxghman C. J.
This cause comes before the court on a writ of error to the common pleas of Berks county. It is an action on the case for damages occasioned to Heiser the plaintiff below, who is defendant in error, by the defendants obstructing the navigation of the Big Schuylkill, which was made a public highway by act of assembly.
The plaintiff" in error contends that the declaration contains no cause of action, because it shews no special damage sustained by the plaintiff below.
*468The general principle has been always agreed, that for ao ' obstruction to…
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