Criswell v. Clugh
Supreme Court of Pennsylvania
WRIT of error. This was an action of trespass by John Clugh against Robert Criswell and others, for tearing down his mill-dam in Toby’s creek. The defendants justified themselves on the ground that the stream was a public highway, and the dam was illegal.
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WRIT of error. This was an action of trespass by John Clugh against Robert Criswell and others, for tearing down his mill-dam in Toby’s creek. The defendants justified themselves on the ground that the stream was a public highway, and the dam was illegal. The only question which arose in the cause was, that conceding the dam to be illegal and therefore a nuisance, had the defendants a right to abate it 1 The court below (Shippen, president) was of opinion, and so instructed the jury, that the act of the 23d of March 1803 afforded the only remedy by which the wrong occasioned by the erection…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The act of the 23d of March 1803, confers the privilege of erecting dams, for mills and other water works, on persons owning lands adjoining navigable streams of water, and, at the same time, provides a remedy in case the navigation is thereby obstructed, or the passage of fish impeded. Commissioners are to be appointed to view the dam, and compare it with the provisions of the act, and to make report; and the court may thereupon direct a bill of indictment to be sent, and, on conviction, fine the offender, and compel the payment of…
2Cases cited1 opinion
- Brown v. CommonwealthSupreme Court of Pennsylvania · 1817
3Cited by5 opinions
- Ward v. NealSupreme Court of Alabama · 1861
- Spigelmoyer v. WalterSupreme Court of Pennsylvania · 1842
- Campbell v. HandSupreme Court of Pennsylvania · 1865
- Ensworth v. CommonwealthSupreme Court of Pennsylvania · 1866
- Monongahela Navigation Co. v. CoonsSupreme Court of Pennsylvania · 1843