Hershey v. H. S. Kerbaugh, Inc.
Supreme Court of Pennsylvania
Appeal, No. 99, Jan. T., 1913, by defendant, from judgment of C. P. Lancaster Co., Sept, T., 1905, No. 34, on verdict for plaintiffs in case of Andrew H. Hershey, Ezra M. Good, to the use of J. W. Fehl, Christian H. Nolt, and Cecilia Good, now to the use of J. W. Fehl, v. H. S. Kerbaugh, Incorporated, and the Pennsylvania Railroad Company. Trespass to recover damages for obstructing a river channel and a public road. Before Evans, P. J., specially presiding.
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Appeal, No. 99, Jan. T., 1913, by defendant, from judgment of C. P. Lancaster Co., Sept, T., 1905, No. 34, on verdict for plaintiffs in case of Andrew H. Hershey, Ezra M. Good, to the use of J. W. Fehl, Christian H. Nolt, and Cecilia Good, now to the use of J. W. Fehl, v. H. S. Kerbaugh, Incorporated, and the Pennsylvania Railroad Company. Trespass to recover damages for obstructing a river channel and a public road. Before Evans, P. J., specially presiding. The action was discontinued as against the Pennsylvania Railroad Company before the trial. The facts appear by the opinion of the…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
In the years 1904 and 1905 Andrew H. Hershey, Ezra M. Good and Christian H. Holt were the owners as tenants in common of several small islands in the Susquehana river, lying about 1,600 feet from the east shore, in Conestoga township, Lancaster County, and containing about 136 acres of land of which about 80 acres were subject to cultivation. There were also upon *230the islands deposits of molding sand, which had commercial value. As occasion for it arose, the produce and sand were, according to the testimony, taken off by means of rafts and flat boats, through a…
2Cases cited7 opinions
- Robb v. Carnegie Bros., Pennsylvania Court of Common Pleas, Westmoreland County1891
- Lentz v. Carnegie Bros., Pennsylvania Court of Common Pleas, Westmoreland County1892
- Eshleman v. Martic TownshipSupreme Court of Pennsylvania · 1892
- Findlay & Hay v. KeimSupreme Court of Pennsylvania · 1869
- Pennsylvania & Ohio Canal Co. v. GrahamSupreme Court of Pennsylvania · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Toy v. Atlantic Gulf & Pacific Co.Court of Appeals of Maryland · 1939
- Titus v. Poland Coal Co.Supreme Court of Pennsylvania · 1923
- Feather v. HusteadSupreme Court of Pennsylvania · 1916
- Trimmer v. BerkheimerSuperior Court of Pennsylvania · 1915
- Hettrick v. EbySuperior Court of Pennsylvania · 1915
5 more not listed; retrieve them via the Exa API.