Fell v. Bennett
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county: Of January Term 1885, No. 88. Trespass, by Charles Fell and Rachel Fell against Edwin •Bennett, Josiah P. Lee and Samual T. Lee, to recover damages accruing from January 1st, 1874, to the time of bringing suit, May 17th, 1881, sustained by reason of defendants having raised their dam'on property adjoining the plaintiffs’ and backing the waters of the Octoraro Creek upon the lands of the plaintiffs, and refusing and…
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Error to the Court of Common Pleas of Lancaster county: Of January Term 1885, No. 88. Trespass, by Charles Fell and Rachel Fell against Edwin •Bennett, Josiah P. Lee and Samual T. Lee, to recover damages accruing from January 1st, 1874, to the time of bringing suit, May 17th, 1881, sustained by reason of defendants having raised their dam'on property adjoining the plaintiffs’ and backing the waters of the Octoraro Creek upon the lands of the plaintiffs, and refusing and neglecting to remedy the same. Plea, not guilty. On the trial, before Patterson, J., plaintiffs first proved title in…
1Opinion of the CourtJustice Gobdon
This was an action on the case brought by Charles Fell and his mother, Rachel Fell, who were plaintiffs below, to recover damages by them suffered in consequence of the backing of the waters of Octoraro Creek upon their lands by a dam erected and maintained in the said creek by the defendants.
The plaintiffs held the lands thus flooded as tenants in common; the one, Charles Fell, owning three quarters thereof, and the other, one fourth. In the year 1877, the said Charles Fell, in his own right, brought a similar action for the same cause and against the same defendants, which, on the sixth of…
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