Monongahela Navigation Co. v. Coons
Supreme Court of Pennsylvania
THIS was an action on the case in the District Court of Allegheny county, brought by Adam Coons and David Coons against the Monongahela Navigation Company, for obstructing the water in the Youghiogeny river and injuring the plaintiffs’ mill. The defendant is an incorporated company, and authorized by its charter to erect dams in the Monongahela river for the purpose of a lock and slackwater navigation between Pittsburgh and the Virginia State-line.
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THIS was an action on the case in the District Court of Allegheny county, brought by Adam Coons and David Coons against the Monongahela Navigation Company, for obstructing the water in the Youghiogeny river and injuring the plaintiffs’ mill. The defendant is an incorporated company, and authorized by its charter to erect dams in the Monongahela river for the purpose of a lock and slackwater navigation between Pittsburgh and the Virginia State-line. One of these dams obstructed the water in the Youghiogeny, to the injury of the plaintiffs’ mill, at the distance of five or six miles from its…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The question for decision depends on considerations that did riot enter into the case of The Union Canal Co. v. Landis, (9 Watts 228). In that case, the grant to the individual contained a reservation in favour of the company to whom a prior right had been granted, which put at rest every pretence of claim to damages for acts subsequently done to the prejudice of the second grantee. The reservation was perhaps superfluous; but it seems to have been thought a judicious precaution, because a license followed by a permanent erection for the…
2Cases cited4 opinions
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Case of "the Philadelphia & Trenton Rail Road"Supreme Court of Pennsylvania · 1840
- Farmers' & Mechanics' Bank v. SmithSupreme Court of Pennsylvania · 1817
- Union Canal Co. v. LandisSupreme Court of Pennsylvania · 1840
3Cited by69 opinions
- Mayle v. Pennsylvania Department of HighwaysSupreme Court of Pennsylvania · 1978
- Jackman v. Rosenbaum Co.Supreme Court of Pennsylvania · 1919
- Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884
- Commonwealth ex rel. Wolfe v. ButlerSupreme Court of Pennsylvania · 1882
- DuBree v. CommonwealthCommonwealth Court of Pennsylvania · 1973
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