Howell v. M'Coy
Supreme Court of Pennsylvania
APPEAL. On an appeal fróm the judgment of the Circuit Court of Northampton county, held by Huston, J. in April, 1831, it appeared, that this was an action on the case for a nuisance, in which the plaintiffs George G. Howell, Peter S. Mechler, and Joseph Howell, complained, That they were possessed of a certain messuage, tenement, dwelling-house, grain distillery, water grist and merchant mill, and saw mill, and tract of land appurtenant, &c., with the benefit and advantage…
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APPEAL. On an appeal fróm the judgment of the Circuit Court of Northampton county, held by Huston, J. in April, 1831, it appeared, that this was an action on the case for a nuisance, in which the plaintiffs George G. Howell, Peter S. Mechler, and Joseph Howell, complained, That they were possessed of a certain messuage, tenement, dwelling-house, grain distillery, water grist and merchant mill, and saw mill, and tract of land appurtenant, &c., with the benefit and advantage of a stream called Martin’s Creek, which runs and flows from a dam therein, along a certain head race, to the…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
Who, after having stated the substance of the declaration and the plea, proceeded as follows:
The plaintiffs having examined several witnesses in support of the issue, offered to ask a witness whether the water was corrupted and unwholesome; to prove the number of families who depended on this water for domestic purposes; that it was corrupted, so that it could not be used, and that the water was injured for purposes of distillation. The testimony was overruled by the court, and this forms the plaintiffs’ first exception, and in this is…
2Cases cited2 opinions
- Strickler v. ToddSupreme Court of Pennsylvania · 1823
- Moore v. HoustonSupreme Court of Pennsylvania · 1817
3Cited by27 opinions
- Pennsylvania Coal Co. v. SandersonSupreme Court of Pennsylvania · 1886
- Commonwealth Ex Rel. Shumaker v. New York & Pennsylvania Co.Supreme Court of Pennsylvania · 1951
- Bly v. Edison Electric Illuminating Co.New York Court of Appeals · 1902
- Pennsylvania R. R. v. Sagamore Coal Co.Supreme Court of Pennsylvania · 1924
- Good v. Altoona CitySupreme Court of Pennsylvania · 1894
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