Legal Opinion

Monongahela Navigation Co. v. Blair

Supreme Court of Pennsylvania

Decided December 20, 1852PublishedCited by 2 opinions

Error to the District Court of Allegheny county. In each of these cases, five viewers had been appointed by the Court of Common Pleas of Allegheny county, to view the premises and assess the damage done to the lands severally of David Magogany and James Blair, lying on and near to the Monongahela river, in Allegheny county, by the dams, waterworks, and improvement of said company, near to dam No. 2, by overflowing • said lands and property; and also the consequential damages…

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Error to the District Court of Allegheny county. In each of these cases, five viewers had been appointed by the Court of Common Pleas of Allegheny county, to view the premises and assess the damage done to the lands severally of David Magogany and James Blair, lying on and near to the Monongahela river, in Allegheny county, by the dams, waterworks, and improvement of said company, near to dam No. 2, by overflowing • said lands and property; and also the consequential damages resulting-to each of the said owners of property on the south side of the said improvement, near to dam N-o. 2, from…

1Opinion of the Court

In the case of Blair, the opinion of the Court was delivered, by

Black, C. J.

By the act incorporating the Navigation Company, and its supplements, the damages done to private property by its woi’ks are to be assessed by viewers, who are to be appointed, if the parties cannot agree, by the Court of Common Pleas. The report of the viewers is to be filed in the office of the prothonotary of the proper county, and when confirmed by the Court, judgment may be entered and execution issued thereon, either party having the right to appeal to the Court. Before entering on the lands, the Company shall…

2Cited by2 opinions

  1. Farrington v. CommonwealthCommonwealth Court of Pennsylvania · 1978
  2. Vanderveen v. Commonwealth, Pennsylvania Court of Common Pleas, Mercer County1968

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