Tinicum Fishing Co. v. Carter
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Delaware county: No. 106, to January Term 1869. f This Avas an action on the case commenced July 26th 1867, by Paul B. Carter against The Tinicum Fishing Company, for disturbing a right of fishery on the Delaware river, in Tinicum township, Delaware county, to twelve-fourteenths of which the plaintiff claimed that he had title.
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Error to the Court of Common Pleas of Delaware county: No. 106, to January Term 1869. f This Avas an action on the case commenced July 26th 1867, by Paul B. Carter against The Tinicum Fishing Company, for disturbing a right of fishery on the Delaware river, in Tinicum township, Delaware county, to twelve-fourteenths of which the plaintiff claimed that he had title. On the trial before Butler, P. J., it was admitted that the defendants were incorporated April 1st 1863, and that they own the land in front of the fishery. The plaintiff gave in evidence the will of Christopher Taylor, proved…
1Opinion of the Court
The opinion of the court was delivered, February 15th 1869, by
Sharswood, J.
The plaintiff below claimed to be the owner of twelve-fourteenths of a fishery on the river Delaware. It con sisted in the right, during the fishing season, to throw out nets from Hart’s wharf to Darby creek, about a mile in extent, and to draw them in on the shore. It is an incorporeal easement on the land of the riparian owner, like a way or common: Hart v. Hill, 1 Whart. 138. As such an easement may arise by express grant, it may possibly be that the presumption of a grant may be made from such long-continued, open,…
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