Manderbach v. Bethany Orphans' Home
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Berks county: Of January Term 1885, No. 395. This was a case stated, wherein the Bethany Orphans’ Home was plaintiff and Henry H. Manderbaeh defendant.
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Error to the Court of Common Pleas of Berks county: Of January Term 1885, No. 395. This was a case stated, wherein the Bethany Orphans’ Home was plaintiff and Henry H. Manderbaeh defendant. The following facts were stated in the nature of a special 'verdict for the opinion of the court: On August 11th, 185(5, John Manderbaeh, who was seised of a tract of land in Berks county containing about sixty-nine acres, sold and convejmd to the Lebanon Valley Railroad Company, and their successors, the right and privilege to enter in or upon his land aforesaid, and lay a pipe from any point on the…
1Opinion of the CourtJustice Gordon
On the 11th of August, 1856, John Manderbach sold to the Lebanon Valley Railroad Company a perpetual right, for the use of the railroad only, to take water from a spring on his land, and for that purpose to lay a three-inch pipe from the railroad to said spring, either on the property of the grantor, or on that of John Sheetz, an adjoining land owner. After-' wards, on the 1st of September, 1859, Manderbach granted to Sheetz the right ’ to use the water from said spring by attaching, on his own land, a two-inch pipe to the railroad company’s pipe, and for this privilege he agreed to pay the…
2Cited by3 opinions
- Brush v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1927
- Foote v. Manhattan Railway Co.New York Supreme Court · 1890
- Chandler v. Pittsburgh Plate Glass Co.Indiana Court of Appeals · 1898