Beach v. Schoff
Supreme Court of Pennsylvania
Error, to the Common Pleas of Tioga county. This was an action of trespass by John W. Schoff against Winthrop Beach. The action was commenced before a justice of the peace, and removed into the Common Pleas by appeal. The parties were engaged in lumbering on the Cowanesque river, a public highway. The defendant, in the spring of 1854, started six rafts of boards which he intended to run to Columbia to market.
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Error, to the Common Pleas of Tioga county. This was an action of trespass by John W. Schoff against Winthrop Beach. The action was commenced before a justice of the peace, and removed into the Common Pleas by appeal. The parties were engaged in lumbering on the Cowanesque river, a public highway. The defendant, in the spring of 1854, started six rafts of boards which he intended to run to Columbia to market. He left with them on the 21st April, and ran them until he arrived at Culver & Slosson’s mill-dam, where he found a spar-raft, belonging to the plaintiff, lodged upon the dam; and, as he…
1Opinion of the Court
The opinion of the court was delivered by
Knox, J.
Winthrop Beach, the plaintiff in error and defendant below, in running lumber down the Cowanesque river, in Tioga county,’ found a raft of spars belonging to the plaintiff lodged on a mill-dam. Alleging that the spars prevented his passing over the dam with safety, he removed two of them, one of which was lost. To recover for the lost spar, and the expenses incurred in putting the raft again in order, this action of trespass wras brought.
Upon the trial the defendant’s counsel requested the court to charge the jury,
1st. That if the plaintiff by…
2Cited by1 opinion
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