Miller v. Frazier
Supreme Court of Pennsylvania
WRIT of error to the common pleas of Cumberland county. This was an action on the case by Andrew Frazier against Christian Miller. The declaration contained one count, for the erection of an obstruction on the land in the possession of the defendant, by which the water of Middle-spring was dammed back upon the land and mills of the plaintiff.
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WRIT of error to the common pleas of Cumberland county. This was an action on the case by Andrew Frazier against Christian Miller. The declaration contained one count, for the erection of an obstruction on the land in the possession of the defendant, by which the water of Middle-spring was dammed back upon the land and mills of the plaintiff. After suit brought, the plaintiff wrote the following notice to the defendant, and received the following reply: “ Dear sir, you are hereby notified and required to remove the obstructions you have placed in the stream of the Middle-spring on the land…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The first error assigned is the rejection, by the court below, of the notice sent by the plaintiff below to the defendant, and the reply of the latter thereto; which were offered in evidence by the defendant. This notice, it must be remembered, was given after the commencement of this action, and contains no admission on the part of the plaintiff of any fact that I can perceive which would have been material to the issue in any way, or have tended either to defeat or to diminish the plaintiff’s claim to damages; I therefore think the court…
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