Chestnut Hill & Spring House Turnpike Co. v. Piper
Supreme Court of Pennsylvania
Certificate from the Court at Nisi Prius of January Term, 1869, No. 334. This was an action of trespass q. c. f. by Austin M. Piper and another, executors, &c., of John Piper, deceased, against The Chestnut Hill and Spring House Turnpike Company, Silas Cleaver and others.
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Certificate from the Court at Nisi Prius of January Term, 1869, No. 334. This was an action of trespass q. c. f. by Austin M. Piper and another, executors, &c., of John Piper, deceased, against The Chestnut Hill and Spring House Turnpike Company, Silas Cleaver and others. The pleas were, 1. “Not guilty.” 2. That the company, by virtue of its charter, had a right of watercourse and drainage over the closes mentioned in the declaration, and their officers, by their direction,- had the right to enter into the several closes adjoining the company’s road, to open such drains through the same as…
1Opinion of the CourtJustice Sharswood
*437The principal reliance of the plaintiffs in error is upon the first specification. The others have been hut faintly pressed, and may be left upon the charge below.
Had the declaration in this case been in the general form, in trespass quare clausum fregit, and the defendants, without pleading the general issue, had justified by the plea of an easement, there would he great plausibility in the contention that proof of any easement would sustain the plea, and that to avoid this result the plaintiff must new assign. It is unnecessary to consider whether the special character of the declaration…
2Cases cited1 opinion
- Fisher v. MorrisSupreme Court of Pennsylvania · 1840
3Cited by6 opinions
- Jordan v. Cedar Rapids & Marion City Railway Co.Supreme Court of Iowa · 1904
- Citizens Electric Co. v. Susquehanna Boom Co.Supreme Court of Pennsylvania · 1910
- Fisher v. PaffSuperior Court of Pennsylvania · 1899
- Campbell v. Duggan-Rider Co.Supreme Court of Pennsylvania · 1925
- People v. BeebehyserMichigan Supreme Court · 1909
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