Legal Opinion

Williams v. Fulmer

Supreme Court of Pennsylvania

Decided October 3, 1892No. Appeal, No. 266PublishedCited by 11 opinions

Appeal, No. 266, Jan. T., 1891, by plaintiff, David Williams, and No. 226, Jan. T., 1891, by defendant, Henry Fulmer, from judgment of C. P. Lehigh Co., Jan. T., 1884, No. 65, on verdict for plaintiff. Trespass on the ease for damages for diverting water of navigable river. The facts appear by the opinion of the Supreme Court.

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Appeal, No. 266, Jan. T., 1891, by plaintiff, David Williams, and No. 226, Jan. T., 1891, by defendant, Henry Fulmer, from judgment of C. P. Lehigh Co., Jan. T., 1884, No. 65, on verdict for plaintiff. Trespass on the ease for damages for diverting water of navigable river. The facts appear by the opinion of the Supreme Court. Plaintiff proposed to prove by a witness that from September, 1864, he was the owner in fee simple, and in the exclusive and uninterrupted possession of a tract of land along the western side of the Lehigh river, and was in such possession at the time of the grievances…

1Opinion of the Court

Opinion by

Mb. Justice Williams,

These are cross appeals from the same judgment and may be best considered together. The same parties were before us in 1888 with substantially the same questions, and the case is reported in 122 Pa. 191.

The plaintiff is a manufacturer of school slates. His factory is situated on the west bank of the Lehigh river, and prior to 1883 the machinery was propelled by water power. This was obtained by means of a dam thrown across an arm of the river that flowed between an island and the main land on which the factory was located. The dam raised the surface of the water…

2Cases cited1 opinion

  1. Fulmer v. WilliamsSupreme Court of Pennsylvania · 1888

3Cited by11 opinions

  1. Rabe v. Shoenberger Coal Co.Supreme Court of Pennsylvania · 1906
  2. Fowler v. WoodSupreme Court of Kansas · 1906
  3. Rider v. York Haven Water & Power Co.Supreme Court of Pennsylvania · 1915
  4. Weaver v. Berwind-White Coal Co.Supreme Court of Pennsylvania · 1907
  5. Thompson v. Citizens Traction Co.Supreme Court of Pennsylvania · 1897

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