Hogg v. Bailey
Superior Court of Pennsylvania
Appeal, No. 39, April Term, 1897, by plaintiff, from judgment of C. P. Butler Co., Sept. T., 1895, No. 51, onverdietfor defendant. Trespass for damages resulting from raising of a mill dam. Before Greer, P. J. The facts sufficiently appear in the opinion of the court. Verdict and judgment for defendants for costs.
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Appeal, No. 39, April Term, 1897, by plaintiff, from judgment of C. P. Butler Co., Sept. T., 1895, No. 51, onverdietfor defendant. Trespass for damages resulting from raising of a mill dam. Before Greer, P. J. The facts sufficiently appear in the opinion of the court. Verdict and judgment for defendants for costs. Plaintiff appealed. ' Errors assigned among others were: (3) In refusing plaintiff’s third point, which point and answer are as follows: “ 3. The agreement offered in evidence on part of the defendants contemplated but one fixing of the height and one election only, and Floyd having…
1Opinion of the Court
Opinion by
Orlady, J.,
On April 12, 1837, Robert Hogg, Sr., being then the owner of a tract of land containing about two hundred and twenty acres, sold to Thomas Floyd, by an agreement in writing, for a consideration of $350, a certain piece or parcel thereof, described by courses and marks, containing about twenty-three acres on the waters of Slippery Rock creek, “ being part of lot number 37, in the second district of donation lands on the waters of Slippery Rock creek, in Butler county, adjoining James Bovard and others, beginning at the southwest corner of said lot number 37, and running…
2Cases cited9 opinions
- Makepeace v. BancroftMassachusetts Supreme Judicial Court · 1815
- Gehman v. ErdmanSupreme Court of Pennsylvania · 1884
- Jennison v. WalkerMassachusetts Supreme Judicial Court · 1860
- Boynton v. ReesMassachusetts Supreme Judicial Court · 1829
- Dryden v. JephersonMassachusetts Supreme Judicial Court · 1836
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- Zettlemoyer v. Transcontinental Gas Pipeline Corp.Supreme Court of Pennsylvania · 1995
- Beavers v. West Penn Power Co.Court of Appeals for the Third Circuit · 1971
- Pennsylvania Water & Power Co. v. ReigartSuperior Court of Pennsylvania · 1937
- Irving's Executors v. Burgess of MediaSuperior Court of Pennsylvania · 1899
- Commonwealth v. JohnsonChester County Court of Oyer and Terminer · 1965
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