Whitaker v. Delaware & Hudson Canal Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Wayne county: Of January Term 1878, No. 181. . Case by Stephen E. Whitaker, against the Delaware and Hudson Canal Company, to recover damages for injury to plaintiff’s rafts while passing through the schute of defendant’s dam, alleged to have resulted from the improper construction and maintenance of such dam.
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Error to the Court of Common Pleas of Wayne county: Of January Term 1878, No. 181. . Case by Stephen E. Whitaker, against the Delaware and Hudson Canal Company, to recover damages for injury to plaintiff’s rafts while passing through the schute of defendant’s dam, alleged to have resulted from the improper construction and maintenance of such dam. The narr., inter alia, charged: “ That the defendants did not nor would use such due and reasonable care, diligence and skill, or adopt such due and proper precautions in and about the premises, in putting and leaving the said highway in such…
1Opinion of the CourtJustice Trunkey
The defendants were incorporated under the laws of NeAV York, and by divers statutes of this state, are vested Avith certain public franchises. Eor the purposes of the grant the dam across the Dela-Avare river was built about fifty years ago, and the right to maintain it is conceded. In the Act of 1825, Pamph. L. 142, is a provision *37“That the said company shall not erect any works, or make any improvement, connected with the Delaware river, unless the same shall be so constructed as to leave the channel of said river as safe and as convenient for the descent of rafts as it now is.” The…
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