White Deer Creek Improvement Co. v. Sassaman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Union county: No. 114, to January Term 1871. This was an action on the case brought July 11th 1870, by Henry P. Sassaman against the White Deer Improvement Company.
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Error to the Court of Common Pleas of Union county: No. 114, to January Term 1871. This was an action on the case brought July 11th 1870, by Henry P. Sassaman against the White Deer Improvement Company. The declaration recited that the plaintiff owned two lots of land through which White Deer creek flowed; it contained four counts: 1. That the defendants had placed obstructions in White Deer creek so as by carelessness to overflow and injure the plaintiff’s “said lands,” and destroy about one half-acre of potatoes on one of said lots. 2. That the defendants, for the purpose of improving the…
1Opinion of the Court
The opinion of the court was delivered,
by Agnew, J.
The several assignments of error raise really but two questions, one of liability and the other of remedy. The first depends upon the charter of the company. The charter it is evident was granted for the purpose of improving the channel of White Deer creek and its tributaries as the means of floating timber-logs, shingles, and other products of the forest into the West Branch of the Susquehanna river. The means to be used were, the removal of rocks and other obstructions from the channel, straightening and deepening it, and protecting the…
2Cases cited1 opinion
- Lessee of Forbes v. CaruthersSupreme Court of Pennsylvania · 1803
3Cited by4 opinions
- Hope v. Philadelphia & Western RailroadSupreme Court of Pennsylvania · 1905
- Hahn v. City of BethlehemSupreme Court of Pennsylvania · 1936
- Pennsylvania Power & Light Co. v. Maritime Management, Inc.Superior Court of Pennsylvania · 1997
- Symons v. Golubic, Pennsylvania Court of Common Pleas, Mercer County1972