Lehigh Valley Railroad v. Trone
Supreme Court of Pennsylvania
Error to the Common Pleas of Lehigh county. This was a proceeding against the same defendants, by David Troné. The two causes were tried before the same jury in the court below, and the same question arose in each, except that the plaintiff in this case, it was alleged, had a spring on his land, which was situated below high-water mark on the Lehigh river.
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Error to the Common Pleas of Lehigh county. This was a proceeding against the same defendants, by David Troné. The two causes were tried before the same jury in the court below, and the same question arose in each, except that the plaintiff in this case, it was alleged, had a spring on his land, which was situated below high-water mark on the Lehigh river. The defendants alleged that he could claim no damage for the loss of this spring, inasmuch as the right to the soil, to high-water mark, was in the Commonwealth. The jury summoned under the venire directed to the sheriff, assessed tbe…
1Opinion of the Court
The opinion of the court was delivered by
Lowbxg, J.
The point just decided in Lazarus’ Case with this company requires the reversal of this; but here there is another question. It has not been raised in the same sense as that in which it was discussed; but it may be raised in that form on another trial, and therefore we decide it.
The plaintiff below claims for the loss of a spring on his land by means of the company’s works, and it is objected that no damage can be allowed for this, since the spring is below high-water mark. We do not think the cases cited sustain the objection. The owner of…
2Cited by2 opinions
- McGrunnegle v. Pittsburg & Lake Erie Railroad Co.Supreme Court of Pennsylvania · 1906
- Sprague v. Nelson, Pennsylvania Court of Common Pleas, Erie County1924