Paschall v. Passmore
Supreme Court of Pennsylvania
This case came up from the Court of Nisi Prius, Philadelphia. It was an action on the case, brought by John Paschall vs. Levis Passmore, for wantonly and maliciously wasting the waters of Cobb’s Creek, a portion of which the plaintiff claimed, and for diverting the same from the mill of the plaintiff.
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This case came up from the Court of Nisi Prius, Philadelphia. It was an action on the case, brought by John Paschall vs. Levis Passmore, for wantonly and maliciously wasting the waters of Cobb’s Creek, a portion of which the plaintiff claimed, and for diverting the same from the mill of the plaintiff. The rights of the parties depended on a deed of December 5, 1801, from Henry Paschall, the father of plaintiff, to Robinson & Abbott, and oh the two agreements hereinafter mentioned. Plaintiff derived title from his father, and Passmore claimed from Robinson & Abbott. The deed of December…
1Opinion of the Court
The opinion of the court was delivered by
Bell, J.
On the trial of this cause at Nisi Prius, the principal subject of discussion and deliberation, so far as the law of the case is involved, was of the proper construction of that portion of the conveyance of 1801, which granted to Robinson and Abbott the absolute and exclusive right to use the waters of Cobb’s Creek for the service of their mills and other water-works, “ or for any other use, service, or purpose whatsoeverand the saving clause, reserving to the grantor the user of so much of the waste water as the grantees might, in their…
2Cases cited1 opinion
- Skinner v. DaytonNew York Court of Chancery · 1817
3Cited by28 opinions
- Driscoll v. Burlington-Bristol Bridge Co.Supreme Court of New Jersey · 1952
- Commonwealth v. BrownmillerSuperior Court of Pennsylvania · 1940
- Dauphin County Grand Jury Investigation ProceedingsSupreme Court of Pennsylvania · 1938
- City of Jersey City v. HagueSupreme Court of New Jersey · 1955
- Williams v. NotopolosSupreme Court of Pennsylvania · 1918
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