Davis v. Hamilton
Superior Court of Pennsylvania
Appeal, No. 132, Oct. T., 1897, by plaintiff, from judgment of C. P. Chester Co., Oct. T., 1896, No. 22, on verdict for defendants. Trespass. Before Waddell, P. J. It appears from the record that this was an action of trespass, and the complaint alleged not only trespass upon plaintiff’s land and digging it, but for virtually diverting a stream of' water that passed through it.
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Appeal, No. 132, Oct. T., 1897, by plaintiff, from judgment of C. P. Chester Co., Oct. T., 1896, No. 22, on verdict for defendants. Trespass. Before Waddell, P. J. It appears from the record that this was an action of trespass, and the complaint alleged not only trespass upon plaintiff’s land and digging it, but for virtually diverting a stream of' water that passed through it. The amount of damages as alleged does not appear in the paper-books, but security was entered in the sum of $200. Other essential facts appear in the opinion of the court. Verdict and judgment for defendants. Plaintiff…
1Opinion of the Court
Opinion by
Orlady, J.,
This action of trespass was brought to recover damages for the unlawful entry by the defendant — by its workmen — upon the land of the plaintiff, and “ digging and removing the soil, grass and herbage ” from the same. The defense was that the defendant had a legal right to enter, and- dig, by virtue of a grant conferred by the plaintiff’s predecessors in title.
In 1870, Thomas C. Hoopes, the then owner of certain real estate in Chester county, conveyed a part thereof, viz: one hundred and five acres and one hundred and twenty-four perches to the plaintiff in fee, with a…
2Cases cited4 opinions
- Connery v. BrookeSupreme Court of Pennsylvania · 1873
- Doster v. Friedensville Zinc Co.Supreme Court of Pennsylvania · 1891
- Mullin v. Pennsylvania R.Supreme Court of Pennsylvania · 1889
- Cress v. VarneySupreme Court of Pennsylvania · 1851
3Cited by1 opinion
- Levin v. HouckSuperior Court of Pennsylvania · 1910