Legal Opinion
Commonwealth v. Agway, Inc.
Superior Court of Pennsylvania
Decided June 16, 1967No. Appeal, 60PublishedCited by 10 opinions
1Opinion of the Court
Opinion by
Jacobs, J.,
The Commonwealth of Pennsylvania brought this suit in trespass to recover damages for the value of fish killed as a result of pollution of the South Branch of French Creek and French Creek near Union City. The complaint alleged that the discharge of certain chemicals into the creek caused the death of some 12,000 fish and 60,000 minnows, all such fish being in a state of freedom in the inland waters of the Commonwealth.
*152The court below dismissed the complaint on the grounds that the Commonwealth did not have a property interest in such ferae naturae that would support a…
2Cases cited9 opinions
- Toomer v. WitsellSupreme Court of the United States · 1948
- Missouri v. HollandSupreme Court of the United States · 1920
- Geer v. ConnecticutSupreme Court of the United States · 1896
- Patsone v. PennsylvaniaSupreme Court of the United States · 1914
- McCready v. VirginiaSupreme Court of the United States · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Commonwealth of Puerto Rico v. The Ss Zoe Colocotroni, Her Engines, Appurtenances, Etc.Court of Appeals for the First Circuit · 1980
- New Mexico v. General Electric Co.District Court, D. New Mexico · 2004
- State v. Jersey Central Power & Light Co.New Jersey Superior Court Appellate Division · 1975
- Attorney General v. HermesMichigan Court of Appeals · 1983
- Department of Fisheries v. GilletteCourt of Appeals of Washington · 1980
5 more not listed; retrieve them via the Exa API.