Rundle v. Delaware & R. Canal
U.S. Circuit Court for the District of Eastern Pennsylvania
In the year of 1771, the provinces of Pennsylvania and New Jersey respectively passed an act — Act Pa. March 9, 1771 (1 Smith's Laws, 322); Act N. J. Dec. 21st (Allinson's Laws, 347) — declaring the river Delaware which separates them to be “a common highway, for the purposes of navigation,” and appointing commissioners with full power and authority to remove all obstructions in the channel, whether natural or artificial.
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In the year of 1771, the provinces of Pennsylvania and New Jersey respectively passed an act — Act Pa. March 9, 1771 (1 Smith's Laws, 322); Act N. J. Dec. 21st (Allinson's Laws, 347) — declaring the river Delaware which separates them to be “a common highway, for the purposes of navigation,” and appointing commissioners with full power and authority to remove all obstructions in the channel, whether natural or artificial. One section of the law enacts that no person shall presume to divert, lead or draw, by any race or other device, any of the water of the river from its natural course for…
1Opinion of the Court
GRIER, Circuit Justice.
The first question in the order in which they have been argued with much learning and ability, is that affecting the jurisdiction of this court over the subject matter of the suit.
Originally all actions were tried in the proper county in which they arose, pursuant to the maxim, “Vieini vicinorum facta presumuntur scire.” Now all personal actions, as debt, det-inue, assault, deceit, trover, &c. may be brought in any county. But actions real and mixed, as trespasses quare clausum fregit, ejectment, waste, &c. must be laid in the counties where the land lies, and if not so…
2Cases cited5 opinions
- Monongahela Navigation Co. v. CoonsSupreme Court of Pennsylvania · 1843
- Carson v. BlazerSupreme Court of Pennsylvania · 1810
- Crittenden v. WilsonNew York Supreme Court · 1825
- Susquehanna Canal Co. v. WrightSupreme Court of Pennsylvania · 1845
- Oliphant v. SmithSupreme Court of Pennsylvania · 1831
3Cited by17 opinions
- Backus v. City of DetroitMichigan Supreme Court · 1882
- Economic Power & Construction Co. v. City of BuffaloNew York Court of Appeals · 1909
- Rickey Land & Cattle Co. v. MillerCourt of Appeals for the Ninth Circuit · 1907
- Mannington v. Hocking Valley Ry. Co.U.S. Circuit Court for the District of Southern Ohio · 1910
- Western Union Tel. Co. v. Pennsylvania R.U.S. Circuit Court for the District of Western Pennsylvania · 1903
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