Jessup v. Loucks
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of York county. This was an action on the case for nuisance brought, July 30th 1862, by Alfred D. Jessup against Zechariah K. Loueks and Henry J. Loueks, and was tried before Hon. Alexander Hays, A. J., of the Second Judicial District. The plaintiff’s declaration averred seisin of a tract of land with “ water-power and paper-mill thereon, with the appurtenances.
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Error to the Court of Common Pleas of York county. This was an action on the case for nuisance brought, July 30th 1862, by Alfred D. Jessup against Zechariah K. Loueks and Henry J. Loueks, and was tried before Hon. Alexander Hays, A. J., of the Second Judicial District. The plaintiff’s declaration averred seisin of a tract of land with “ water-power and paper-mill thereon, with the appurtenances. And the plaintiff, and all those whose estate he has in said tract of land, water-power and mill, from time whereof the memory of man runneth not to the contrary have had, until obstructed by the…
1Opinion of the Court
The opinion of the court was delivered, July 3d 1867, by
Thompson, J.
— Having possessed ourselves, after a careful examination, of the facts and law, of the points of controversy in *359this case, we will discuss them without deeming it beneficial or necessary to notice every point presented in the numerous assignments of error.
1. In the first place, then, was the learned judge right in holding as he did in his general charge, that the plaintiff’s narr. in averring, that until the obstruction to the natural flow of water in the Codorus creek by the defendants, occasioned by the repairing or…
2Cases cited4 opinions
- Varick v. Smith & The Attorney GeneralNew York Court of Chancery · 1835
- Harris v. ThompsonNew York Supreme Court · 1850
- Stiles v. StewartNew York Supreme Court · 1834
- Dunham v. WilliamsNew York Supreme Court · 1862
3Cited by14 opinions
- Commonwealth v. WALKERSuperior Court of Pennsylvania · 1955
- Philadelphia, Morton & Swarthmore Street RailwayCo.'s PetitionSupreme Court of Pennsylvania · 1902
- Jarvis v. BellSupreme Court of Pennsylvania · 1929
- Graham v. Safe Harbor Water Power Corp.Supreme Court of Pennsylvania · 1934
- Riefler & Sons v. Wayne Storage Water Power Co.Supreme Court of Pennsylvania · 1911
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