Legal Opinion

City of Philadelphia v. Gilmartin

Supreme Court of Pennsylvania

Decided March 18, 1872PublishedCited by 15 opinions

Error to the District Court of Philadelphia: No. 102, to January Term 1872. This was an action on the case, commenced November 10th 1869, by John Gilmartin against the City of Philadelphia.

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Error to the District Court of Philadelphia: No. 102, to January Term 1872. This was an action on the case, commenced November 10th 1869, by John Gilmartin against the City of Philadelphia. The cause of action was, that the defendant, by reason of the drawing off of the water of Schuylkill river, so reduced it that the plaintiff, the owner of a canal-boat navigating ,by means of the canal, &c., of the Schuylkill Navigation Company, could not proceed, and had been detained at Manayunk from the 9th of August till the 7th of* September 1869. The detention occurred during a season of most…

1Opinion of the Court

The opinion of the court was delivered, by

Agnbw, J.

In the court below the plaintiff claimed damages arising from a' diversion of the water of the Schuylkill river, to supply the city water-works at Fairmount. The navigation was impeded, and his boat was detained in her voyage from the 9th of August until the 8th of September 1869. The season was one of unexampled drought, and several interesting questions arose in the trial. These had been decided in a former case: The City v. Collins, 18 P. F. Smith 106, in an opinion delivered by the Chief Justice. It is now alleged that that case was not…

2Cases cited2 opinions

  1. Russell v. Mayor of New-YorkNew York Supreme Court · 1845
  2. Turnpike Co. v. WallaceSupreme Court of Pennsylvania · 1839

3Cited by15 opinions

  1. Mayle v. Pennsylvania Department of HighwaysSupreme Court of Pennsylvania · 1978
  2. Armstrong & Latta v. City of PhiladelphiaSupreme Court of Pennsylvania · 1915
  3. Helz v. PittsburghSupreme Court of Pennsylvania · 1956
  4. Morgan v. Duquesne BoroughSuperior Court of Pennsylvania · 1905
  5. Bodge v. PhiladelphiaSupreme Court of Pennsylvania · 1895

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