Long v. Long
Supreme Court of Pennsylvania
ERROR to the common pleas of Lebanon county. This was an action on the case for a nuisance, by Abraham Long against John Long, for erecting a dam, by which the water was swelled back upon the plaintiff’s mill-wheels.
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ERROR to the common pleas of Lebanon county. This was an action on the case for a nuisance, by Abraham Long against John Long, for erecting a dam, by which the water was swelled back upon the plaintiff’s mill-wheels. The defendant pleaded not guilty, “and, for a further plea in this behalf, the said John Long, by leave of the court, here for this purpose first had and obtained, according to the form of the statute in such case made and provided, says that the said Abraham Long ought not to have or maintain his aforesaid action thereof against him, because, he says, that the said Abraham Long…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
This was an action on the case for a nuisance in building a dam, which caused the water to flow back on the waterwheels of the plaintiff’s mill, by which he was deprived of the benefits and profits of his mill. The defendant pleaded not guilty, and, in substance, that there was a verdict and judgment for the defendant in a former suit between the same parties, in which the same matter was in controversy. The plaintiff replied that the matters in controversy were not the same, but different, and on this they went to trial.
The record of the…
2Cases cited1 opinion
- Kilheffer v. HerrSupreme Court of Pennsylvania · 1828
3Cited by1 opinion
- Wickersham v. SavageSupreme Court of Pennsylvania · 1868