Strickler v. Todd
Supreme Court of Pennsylvania
Error to the court of Common Pleas of Lancaster county. Case, by Jacob Strickier and George Weaver, plaintiffs, against William Todd, in which the declaration stated, that the plaintiffs being seised of a certain grist and saw mill in the borough of Columbia, worked and turned by the waters of Shawnee Run, the waters of which were graiited and secured for the use of working and turning mill machinery on the site where the said mill stood, through and from the lands formerly…
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Error to the court of Common Pleas of Lancaster county. Case, by Jacob Strickier and George Weaver, plaintiffs, against William Todd, in which the declaration stated, that the plaintiffs being seised of a certain grist and saw mill in the borough of Columbia, worked and turned by the waters of Shawnee Run, the waters of which were graiited and secured for the use of working and turning mill machinery on the site where the said mill stood, through and from the lands formerly of Thomas Blunston, and now of the heirs of Samuel Bethel, deceased, situate on the said stream of water, and thence to…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
It is unnecessary to decide, to what extent, and under what circumstances, the occupation of a stream gives to the first occupant a property in the current, so as to prevent the owner of lands above him from detaining, diverting, or exhausting the water.by any erection, not leaving sufficient for all the beneficial purposes to which it had been previously applied below, considered of itself, and without regard to length of' time, because in this case, there has been an enjoyment by the plaintiff, and those under whom they claim of this mill…
2Cases cited8 opinions
- Rust v. LowMassachusetts Supreme Judicial Court · 1809
- Sackrider v. BeersNew York Supreme Court · 1813
- Sheeler v. SpeerSupreme Court of Pennsylvania · 1810
- Blaine's Lessee v. ChambersSupreme Court of Pennsylvania · 1814
- AnonymousSupreme Court of the United States · 1795
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Gibblehouse v. StongSupreme Court of Pennsylvania · 1832
- Howell v. M'CoySupreme Court of Pennsylvania · 1832
- M'Kellip v. M'IlhennySupreme Court of Pennsylvania · 1835
- Hoy v. SterrettSupreme Court of Pennsylvania · 1834
- Caul v. SpringSupreme Court of Pennsylvania · 1834
10 more not listed; retrieve them via the Exa API.