Seely v. Alden
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Wayne county: No. 186, to January Term 1869. This was an action on the case, commenced December 26th 1864, by Franklin A. Seely, Henry M. Seely and George D. Seely against Levi H. Alden. The plaintiffs were owners in fee of a water-power and dam on the Lackawaxen creek, and the defendant was the owner and occupier of a tannery higher up the stream.
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Error to the Court of Common Pleas of Wayne county: No. 186, to January Term 1869. This was an action on the case, commenced December 26th 1864, by Franklin A. Seely, Henry M. Seely and George D. Seely against Levi H. Alden. The plaintiffs were owners in fee of a water-power and dam on the Lackawaxen creek, and the defendant was the owner and occupier of a tannery higher up the stream. The declaration charged the defendant with throwing tan-bark into the stream, “ which, being carried down by said stream, has been deposited upon said lands and in said mill-pond of the plaintiffs, thereby…
1Opinion of the Court
The opinion of the court was delivered, May 11th 1869, by
Agnew, J.
In general the rule for the measure of damages in *305cases of tort may be said to be that which aims at actual compensation for the injury; and whatever ascertains this is proper evidence to be submitted to the jury: McKnight v. Ratcliff, 8 Wright 168; John B. Douty et al. v. Joseph Bird et al., 10 P. F. Smith 48; Forsyth v. Palmer, 2 Harris 98; Hart v. Evans, 8 Barr 22; Walker v. Smith, 1 Wash. C. C. R. 154; 4 Dallas 206. There are qualifications, however; as'that inadvertent or unintentional injuries, or acts unaccompanied with…
2Cases cited1 opinion
- Ripka v. SergeantSupreme Court of Pennsylvania · 1844
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- Gallagher v. Kemmerer, Pennsylvania Court of Common Pleas, Luzerne County1891
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