City of New Castle v. Raney
Supreme Court of Pennsylvania
APPEAL BY DEPENDANTS PROM THE COURT OP COMMON PLEAS OP LAWRENCE COUNTY, IN EQUITY. No. 20 October .Term 1889, Sup. Ct.; court below, No. 1 June Term 1885, C. P. in Equity. On June 16,1885, the City of New Castle filed a bill in equity against Leander Raney and John McClain, doing business as Raney & McClain, the heirs of Win.
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APPEAL BY DEPENDANTS PROM THE COURT OP COMMON PLEAS OP LAWRENCE COUNTY, IN EQUITY. No. 20 October .Term 1889, Sup. Ct.; court below, No. 1 June Term 1885, C. P. in Equity. On June 16,1885, the City of New Castle filed a bill in equity against Leander Raney and John McClain, doing business as Raney & McClain, the heirs of Win. H. Brown, and. the Etna Iron Works, charging that a certain mill-dam maintained by the defendants within-the limits of the plaintiff city, in divers respects particularized, had become a public and common nuisance; praying: 1. That defendants be enjoined and restrained…
1Opinion of the Court
Opinion,
Me. Chief Justice Paxson:
The mill-dam in this case is not a nuisance per se. The master so finds, and the evidence fully warrants it. If a nuisance at all, it has become so by the gradual growth of the city of New Castle around it, and the emptying of cess-pools into it. The dam, in some shape, has been in existence for over half a century, and the water power therefrom has been used *561for milling and manufacturing purposes. At present, it is only used for a flour-mill, which., in times of low water, is operated by steam. It is not denied that the water power is valuable, and that its…
2Cases cited3 opinions
- Hagner v. HeybergerSupreme Court of Pennsylvania · 1844
- Wier's AppealSupreme Court of Pennsylvania · 1873
- Bunnell's AppealSupreme Court of Pennsylvania · 1871
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- Wood v. McGrathSupreme Court of Pennsylvania · 1892
- Van Buskirk v. BondOregon Supreme Court · 1908
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