Nitzell v. Paschall
Supreme Court of Pennsylvania
APPEAL. Appeal from the Circuit Court of Delaware county, in an action on the case, brought by Jacob Nitzell against Henry Paschall, to recover damages for an alleged injury done by the defendant, by erecting a dam across Cobb’s Creek, and thereby causing the water to overflow the plaintiff’s land, sitúale on the west side of the creek. The cause was tried before Gibson, C. J. in August, 1830, when a verdict was given for the plaintiff for thirty dollars damages.
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APPEAL. Appeal from the Circuit Court of Delaware county, in an action on the case, brought by Jacob Nitzell against Henry Paschall, to recover damages for an alleged injury done by the defendant, by erecting a dam across Cobb’s Creek, and thereby causing the water to overflow the plaintiff’s land, sitúale on the west side of the creek. The cause was tried before Gibson, C. J. in August, 1830, when a verdict was given for the plaintiff for thirty dollars damages. The defendant moved for a new trial, and the motion being overruled, and judgment rendered on the verdict, he entered an appeal to…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
The foundation of the licence mainly relied on at the trial, .was a supposed grant in the patent of 1689. The patent 'was issued to twenty-four grantees “ for the use of a mill;” and hence, as the land granted did not afford a sufficient water power for the purposes of the mill, which it appears was even then erected, it is supposed that this designation of the object in view, amounted by necessary implication to a grant of any additional power that was at the disposal of the proprietary. It might admit of a question, whether a grant by…
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