Filbert v. Dechert
Superior Court of Pennsylvania
Appeal, No. 24, Oct. T., 1902, by the- State Asylum for the Chronic Insane of Pennsylvania, from judgment of C. P. Berks Co., March T., 1900, No. 32, on verdict for plaintiff, in case of Kate S. Filbert v. Henry M. Dechert, Trustees, and the State Asylum for the Chronic Insane of Pennsylvania. Trespass by. lower riparian owner against upper riparian owners to recover damages for alleged unlawful diversion of water.
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Appeal, No. 24, Oct. T., 1902, by the- State Asylum for the Chronic Insane of Pennsylvania, from judgment of C. P. Berks Co., March T., 1900, No. 32, on verdict for plaintiff, in case of Kate S. Filbert v. Henry M. Dechert, Trustees, and the State Asylum for the Chronic Insane of Pennsylvania. Trespass by. lower riparian owner against upper riparian owners to recover damages for alleged unlawful diversion of water. Before Ermentrottt, P. J. At the trial it appeared that the plaintiff owned a gristmill and sawmill and that the water power for these mills was seriously diminished by the…
1Opinion of the Court
Opinion by
W. D. Pouter, J.,
The plaintiff is the owner in fee of a tract of land through which flows Furnace creek, an unnavigable stream, upon which is erected a gristmill and sawmill operated by the water power. The corporation defendant is an agent of the state to which has been committed the possession and management of the property used as an asylum for the chronic insane, the title to the property being in the commonwealth: Act of June 22,1891, P. L. 379.' The land of which the defendant, as the representative of the commonwealth, is in lawful possession consists of a tract containing…
2Cases cited11 opinions
- Borough of Ashland v. HauptSupreme Court of Pennsylvania · 1889
- Lord v. Meadville Water Co.Supreme Court of Pennsylvania · 1890
- Clark v. Penna. R. Co., Pennsylvania Court of Common Pleas, Westmoreland County1891
- Pennsylvania Railroad v. MillerSupreme Court of Pennsylvania · 1886
- City of Philadelphia v. GilmartinSupreme Court of Pennsylvania · 1872
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3Cited by2 opinions
- Commonwealth v. EmmersSuperior Court of Pennsylvania · 1907
- Klenzing v. AlldaySuperior Court of Pennsylvania · 1916