Barclay Railroad & Coal Co. v. Ingham
Supreme Court of Pennsylvania
Error to the Common Pleas of Bradford county. This was an issue, under the Act of 19th February 1849, to assess the damages sustained by Joseph Ingham by the construction of the road of The Barclay Railroad and Coal Company. The viewers assessed the plaintiff’s damages at $2100, from which the defendants appealed, and this issue was framed.
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Error to the Common Pleas of Bradford county. This was an issue, under the Act of 19th February 1849, to assess the damages sustained by Joseph Ingham by the construction of the road of The Barclay Railroad and Coal Company. The viewers assessed the plaintiff’s damages at $2100, from which the defendants appealed, and this issue was framed. On the 4th September 1829, Joseph Ingham and John Black became the owners of 95 acres' of land on the Towanda creek, part of a larger tract patented to John Neely on the 3d November 1786. Within three or four years of their purchase, they constructed a dam…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
The first error assigned is for rejecting the defendants’ offer to prove that it would not cost more than $140, to remove the bar in the creek, from the head of Mason’s pond and upwards, so as to admit a free flow of water. It would seem, that this bar was the principal nuisance complained of by the-plaintiff. It was this that, according to his view, caused the backwater in his tail-race, to the injury of his machinery. It was chiefly, if not altogether, for this, that his witnesses estimated his damages at from $3000 to $8000, and for…
2Cases cited1 opinion
- Coovert v. O'ConnerSupreme Court of Pennsylvania · 1839
3Cited by12 opinions
- Philadelphia v. CommonwealthSupreme Court of Pennsylvania · 1925
- Miller v. StateTennessee Supreme Court · 1910
- Pennsylvania Power & Light Co. v. Maritime Management, Inc.Superior Court of Pennsylvania · 1997
- Mellick v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1902
- Edwards v. WoodruffSuperior Court of Pennsylvania · 1904
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