Ripka v. Sergeant
Supreme Court of Pennsylvania
ERROR, to the Common Pleas of Chester county. George W. Sergeant brought this action on the case to February term 1843, against Joseph Ripka and Thomas P. Wollaston, and complained that by a dam erected by them on White Clay Creek, they raised the water so as to flood the plaintiff’s land, and obstruct the wheel of his mill above.
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ERROR, to the Common Pleas of Chester county. George W. Sergeant brought this action on the case to February term 1843, against Joseph Ripka and Thomas P. Wollaston, and complained that by a dam erected by them on White Clay Creek, they raised the water so as to flood the plaintiff’s land, and obstruct the wheel of his mill above. The second count stated that the premises were’ under lease to a tenant at the time the injury was done; and the damages were laid to be lessening the profits of the plaintiff’s mill, so that the tenant was unable to pay rent, and the plaintiff’s ground was flooded…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The argument for the defendant below assumes the very thing to be proved, that the owner of the freehold cannot have an action for an injury to it, which is not productive of immediate and visible damage. The decision in Pastorius v. Fisher settles the question otherwise where the owner of the freehold is in possession, and consequently establishes the point that an action may be maintained for such an injury by the tenant for years. Why then should it not be maintained also by the reversioner ? The tenant might not be willing to sue till…
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