Shrunk v. President of the Schuylkill Navigation Co.
Supreme Court of Pennsylvania
IN ERROR. The plaintiff in error, Godfrey Shrunk, having instituted proceedings in the Court of Common Pleas of Philadelphia county against the defendants in error, under the act of assembly of the 8th of March, 1815, to recover damages for an alleged injury to his fishery in the river Schuylkill, it was agreed that judgment be entered for the defendants, in the court below, that a writ of error be taken out, and that the following case be considered as a special verdict: “…
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IN ERROR. The plaintiff in error, Godfrey Shrunk, having instituted proceedings in the Court of Common Pleas of Philadelphia county against the defendants in error, under the act of assembly of the 8th of March, 1815, to recover damages for an alleged injury to his fishery in the river Schuylkill, it was agreed that judgment be entered for the defendants, in the court below, that a writ of error be taken out, and that the following case be considered as a special verdict: “ The plaintiff, at the time when a dam was erected across the river Schuylkill, by or under powers derived from the…
1Opinion of the Court
The opinion of the court was delivered by
Tilghman, C. J.
This is an important cause, and was well argued. The facts appear in a case stated in the nature of a special verdict, and the question is, whether the plaintiff be entitled to recover damages against the defendants, under the provisions of the act of the 8th of March, 1815, by which the defendants were incorporatéd? The defendants, by virtue of powers vested in them by that act, concerning which, there is no dispute, erected a dam across the river Schuylkill, by which the fish were prevented from running up, to the great injury, as the…
2Cases cited5 opinions
- Carson v. BlazerSupreme Court of Pennsylvania · 1810
- People v. PlattNew York Supreme Court · 1819
- Hooker v. CummingsNew York Supreme Court · 1822
- Adams v. PeaseSupreme Court of Connecticut · 1818
- Hunter v. HowardSupreme Court of Pennsylvania · 1823
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- Canal Commissioners v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1830
- Pearsall v. PostNew York Supreme Court · 1838
- Eaton v. B. C. & M. R. R.Supreme Court of New Hampshire · 1872
- Hatch v. Vermont Central RailroadSupreme Court of Vermont · 1852
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