S. Austin Bicking Paper Manufacturing Co. v. Worrall
Superior Court of Pennsylvania
Appeal, No. 258, Oct. T., 1919, by defendant, from judgment of C. P. Chester Co., Jan. T., 1917, No. 100, on verdict for plaintiff in case of S. Austin Bicking Paper Manufacturing Company v. Harry Worrall. Trespass to recover damages for interference with the use of an easement of a mill race. Before Butler, P. J. The facts appear in the previous report of the case in 69 Pa.
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Appeal, No. 258, Oct. T., 1919, by defendant, from judgment of C. P. Chester Co., Jan. T., 1917, No. 100, on verdict for plaintiff in case of S. Austin Bicking Paper Manufacturing Company v. Harry Worrall. Trespass to recover damages for interference with the use of an easement of a mill race. Before Butler, P. J. The facts appear in the previous report of the case in 69 Pa. Superior Ct. 571. The jury rendered a verdict in favor of the plaintiff Avithout mentioning damages, and judgment was entered thereon generally for the plaintiff. Defendant appealed. Errors assigned were the charge of the…
1Opinion of the Court
Opinion by
Trexler, J.,
We think the court below complied with the views expressed by this court when this same case was before us in 69 Pa. Superior Ct. 571. We stated that if the platform built across the race successfully prevented plain*244tiffs’ access to the race for twenty-one years the right of access was gone. The learned trial judge told the jury, “If there was that clear platform, did it afford practicable access to the race and opportunity for the cleaning of it?” Although the exact language which the writer of the former opinion used was not employed by the trial judge, it was a…
2Cases cited11 opinions
- Stanton v. New York & Eastern Railway Co.Supreme Court of Connecticut · 1890
- Murtland v. EnglishSupreme Court of Pennsylvania · 1906
- Cohn v. ScheuerSupreme Court of Pennsylvania · 1887
- Fisher v. KeanSupreme Court of Pennsylvania · 1832
- Miller v. HowerSupreme Court of Pennsylvania · 1829
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3Cited by2 opinions
- Jones Et Ux. v. StifflerSuperior Court of Pennsylvania · 1939
- O'Brien v. Saint Rita Oil Co., Pennsylvania Court of Common Pleas, Blair County1924