Cake v. Sunbury Borough
Superior Court of Pennsylvania
Appeal, No. 115, Oct. T., 1909, by defendant, from judgment of C. P. Northumberland Co., Sept. T., 1907, No. 348, on verdict for plaintiff in case of J. A. Cake and Jennie Cake v. Sunbury Borough. Trespass to recover damages for removing the soil of a street. Before Savidge, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 115, Oct. T., 1909, by defendant, from judgment of C. P. Northumberland Co., Sept. T., 1907, No. 348, on verdict for plaintiff in case of J. A. Cake and Jennie Cake v. Sunbury Borough. Trespass to recover damages for removing the soil of a street. Before Savidge, P. J. The facts are stated in the opinion of the Superior Court. The court charged in part as follows: [I hold that these plaintiffs have the riparian rights to that portion of the land between high and low-water mark outside of the roadway, whatever that may amount to, and that they own the fee in that land subject to…
1Opinion of the Court
Opinion by
Henderson, J.,
At the time when Joseph W. Cake acquired title to the land out of which this contention arises a public highway had existed for more than sixty years along the east bank of the Susquehanna river over the Cake tract. Many years prior to the date of the Cake title the state had constructed a dam in the Susquehanna river under the internal improvement Act of April 9, 1827, P. L. 192. The effect of this dam was to raise the level of the water in the river about eight feet. The road referred to is now Front street in the borough of Sunbury. It appears from the evidence that…
2Cases cited28 opinions
- Barney v. KeokukSupreme Court of the United States · 1877
- Barclay v. Richard W. Howell's LesseeSupreme Court of the United States · 1832
- Rowan's Ex'rs v. Town of PortlandCourt of Appeals of Kentucky · 1847
- Village of Pewaukee v. SavoyWisconsin Supreme Court · 1899
- People v. LambierNew York Supreme Court · 1847
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- Jackson v. Sullivan County Electric Co., Pennsylvania Court of Common Pleas, Sullivan County1922
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