Post v. Wilkes-Barre Connecting R. R.

Opinion by

Mr. Justice Walling,

This appeal by defendant is from judgment entered on a verdict for plaintiffs, in an action of trespass for the removal of soil from land claimed by the latter. Judg ment should have been entered for the defendant n. o. v. The Susquehanna River, running in a northerly direction, passes between Wilkes-Barre and Edwardsville, the latter being on its easterly side. At this point Fish Island, a piece of tillable land, divided the river so there was an east and west channel. About 1882 the United States Government, to improve navigation, erected a dyke across the east…