Southwest Pennsylvania Pipe Lines v. Rodgers Sand Co.
Superior Court of Pennsylvania
Appeal, No. 130, April T., 1910, by defendant, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1905, No. 101, on verdict for plaintiff in case of Southwest Pennsylvania Pipe Lines v. Rodgers Sand Company. ■ Trespass to recover damages for injuries to pipe line. Before Ford, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $500. Defendant appealed.
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Appeal, No. 130, April T., 1910, by defendant, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1905, No. 101, on verdict for plaintiff in case of Southwest Pennsylvania Pipe Lines v. Rodgers Sand Company. ■ Trespass to recover damages for injuries to pipe line. Before Ford, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $500. Defendant appealed. Errors assigned were (1) portions of charge quoted in the opinion of the Superior Court; (2) admission of testimony of L. T. Zeigenheim; (3) in refusing binding instructions for defendant;…
1Opinion of the Court
Opinion by
Beaver, J.,
It was very early held in Pennsylvania that the rights of riparian owners under the common law in England do not apply to our principal rivers.
It was said in Shrunk v. The President, etc., of the Schuylkill Navigation Co., 14 S. & R. 71, by Mr. Chief Justice Tilghman (p. 79): “I consider it as settled in Pennsylvania, by the decision of Carson v. Blazer, 2 Binney, 475, that the owners of land on the banks of the Susquehanna and other principal rivers have not an exclusive right to fish in the river immediately in front of their lands, but that the right to fisheries, in…
2Cases cited2 opinions
- South Carolina v. GeorgiaSupreme Court of the United States · 1876
- Wainwright v. McCulloughSupreme Court of Pennsylvania · 1870
3Cited by2 opinions
- Lehigh Falls Fishing Club v. AndrejewskiSuperior Court of Pennsylvania · 1999
- Commonwealth v. Ewanko, Pennsylvania Court of Common Pleas, Beaver County1975