Bare v. Hoffman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Huntingdon county: Of May Term 1875, No. 16. This was an action on the case brought, June 16th 1870, by Jacob Hoffman against John Bare, for diverting the water of a water-course from the premises of the plaintiff. The parties each owned a tannery at Mt.
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Error to the Court of Common Pleas of Huntingdon county: Of May Term 1875, No. 16. This was an action on the case brought, June 16th 1870, by Jacob Hoffman against John Bare, for diverting the water of a water-course from the premises of the plaintiff. The parties each owned a tannery at Mt. Union, Huntingdon county; they were situate on opposite sides of a stream called Pollock’s run, and were about thirty-two yards distant from each other, both on the bank of the Pennsylvania canal, between that and the Pennsylvania railroad. The railroad and canal here were parallel, and ran east and west.…
1Opinion of the CourtJustice Mercur
All the errors assigned, except the first and sixteenth, may be considered together. They relate to the measure of damages.
Each party owned and operated a tannery supplied with water from the same stream. Bare also, owned other lands situate on the same stream above the tanneries. On those lands he placed a pipe in the stream, thereby withdrawing a portion of the water from its accustomed channel, and conveying it to his tannery. Hoffman, under a previous grant from Bare, drew the water necessary to supply his tannery, through a pipe placed in the stream above the one put in by Bare. The…
2Cited by10 opinions
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- Bennett v. City of MarionSupreme Court of Iowa · 1903
- Duffield v. Rosenzweig, Pennsylvania Court of Common Pleas, Warren County1891
- Hoffman v. Mill Creek Coal Co.Superior Court of Pennsylvania · 1901
- Standard Plate Glass Co. v. Butler Water Co.Superior Court of Pennsylvania · 1897
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