S. Austin Bicking Paper Manufacturing Co. v. Worrall
Superior Court of Pennsylvania
Appeal, No. 325, Oct. T., 1917, by defendant, from Judgment of C. P. Chester Co'., Jan. T., 1917, NO'. 100, on verdict for plaintiff in case of S. Austin Bicking Paper Manufacturing Company v. Harry Worrall. Trespass to recover damages for interference with the use of an easement of a mill race. The opinion of the Superior Court states the facts.
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Appeal, No. 325, Oct. T., 1917, by defendant, from Judgment of C. P. Chester Co'., Jan. T., 1917, NO'. 100, on verdict for plaintiff in case of S. Austin Bicking Paper Manufacturing Company v. Harry Worrall. Trespass to recover damages for interference with the use of an easement of a mill race. The opinion of the Superior Court states the facts. Butler, P. J., charged in part as follows: A great many years ago a certain individual owned a tract of land that included the plaintiff’s mill property and the holding now possessed by the defendant, and from him through various conveyances both to…
1Opinion of the Court
Opinion by
Trexler, J.,
The plaintiff’s predecessor in title conveyed certain lands, including the premises owned by the defendant and reserved “the right to the tailrace from the gristmill that now passes through said lots, the width at bottom to be and remain twelve feet, with such a slope or inclination of the sides or embankments as will best preserve them. And .they further reserve to themselves, their heirs and assigns the free and undisturbed right to enter on the premises at all times and remove all and *577every obstruction to the easy flow or passage of the water along the same. And the…
2Cases cited3 opinions
- Mercantile Library Co. v. Fidelity Trust Co.Supreme Court of Pennsylvania · 1912
- Duross v. SingerSupreme Court of Pennsylvania · 1909
- Chambersburg Woolen Co. v. HagerSuperior Court of Pennsylvania · 1917
3Cited by1 opinion
- S. Austin Bicking Paper Manufacturing Co. v. WorrallSuperior Court of Pennsylvania · 1920