Traquair v. Redinger
Supreme Court of Pennsylvania
On the trial of a special action on the case brought by Tra-quair against Redinger, for depriving him of the use of water for his mill, which was occupied in sawing of marble, (during this term) the court, after having spent nearly two days in the trial, recommended a special reference, in order to save the parties from further disputes, and permanently to settle their respective privileges as to their future use of the water.
1Opinion of the Court
It was at length agreed to submit the matter to the decision of the twelve jurors or any nine of them, under a rule of reference, particularly designating their authority. A second action between the same parties, and a cross suit by Redinger v. Tra-quair, were also included in the reference.
The referees went upon the ground in pursuance of the agreement of the parties, and after having viewed the premises, and heard the further proofs, made a special report strictly within the terms of the submission, wherein they awarded to Traquair 1000 dollars damages for his-loss of the water; that he…
2Cited by1 opinion
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