Yealy v. Fink
Supreme Court of Pennsylvania
Error to tbe Common Picas of Adams county. This was an action of trespass on tbe case brought in tho court below, to January Torm 1862, by Pius P. Eink against Jacob Yealy, Edward Collins, and James Taylor. The material facts of tbe case were as follows : — -Pins P. Eink, tho plaintiff, was the owner and occupier of a farm situate partly in Germany and partly in Mountjoy townships.
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Error to tbe Common Picas of Adams county. This was an action of trespass on tbe case brought in tho court below, to January Torm 1862, by Pius P. Eink against Jacob Yealy, Edward Collins, and James Taylor. The material facts of tbe case were as follows : — -Pins P. Eink, tho plaintiff, was the owner and occupier of a farm situate partly in Germany and partly in Mountjoy townships. A saw-mill and a chopping-mill were erected upon Alloways’ creek, which passed through Mr. Eink’s farm. On the 21st of November 1859, a new road was ordered to bo opened, which crossed the Alloways’ creek and tho…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
The defendants below, now plaintiffs in error, were supervisors of two adjoining townships, the line between which was a small stream. Acting under an order of the Court of Quarter Sessions, they made a new road which had been laid out across the stream, and instead of building a bridge over it, they made a passage-way by depositing stone in its bed, which the plaintiff below complains obstructed the flow of water to his mill. For this he has brought this suit against them, and he seeks to charge them personally with the damages which he has…
2Cases cited3 opinions
- Monongahela Navigation Co. v. CoonsSupreme Court of Pennsylvania · 1843
- Green v. Borough of ReadingSupreme Court of Pennsylvania · 1840
- Mayor v. RandolphSupreme Court of Pennsylvania · 1842
3Cited by39 opinions
- DuBree v. CommonwealthSupreme Court of Pennsylvania · 1978
- Ammlung v. PlattSuperior Court of Pennsylvania · 1973
- Reese v. DanforthSupreme Court of Pennsylvania · 1979
- Joseph Fidtler v. A. T. Rundle, Supt. State Correctional Inst. At Graterford Pa. And Edward T. HendricksCourt of Appeals for the Third Circuit · 1974
- DuBree v. CommonwealthCommonwealth Court of Pennsylvania · 1973
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