Legal Opinion

Whitenack v. Philadelphia & R. R.

U.S. Circuit Court for the District of New Jersey

Decided September 26, 1893PublishedCited by 4 opinions

At: Law. Action by Agnes Wliifenack against the Philadelphia & Reading Railroad Company to recover damages for the maintenance of a nuisance. On demurrer to the pleas.

1Opinion of the Court

GEEEN, District Judge.

The declaration in this cause, as amended, charges the defendant with having contributed to the maintenance of a certain embankment, piers, and bridge, which its lessors had wrongly built, constructed, and maintained across the Earitan river, near the lands of the plaintiff, which caused the waters of the Earitan to be backed upon the plaintiff's land, and inflict great damage there. To this declaration the defendant filed three pleas: First, the plea of general issue; second, the plea of the statute, of limitation; and, third, that the defendant had had no notice from…

2Cases cited1 opinion

  1. United States v. GiraultSupreme Court of the United States · 1851

3Cited by4 opinions

  1. City of Newport v. SchmitCourt of Appeals of Kentucky · 1921
  2. Central Consumers Co. v. PinkertCourt of Appeals of Kentucky · 1906
  3. Osmun v. WintersOregon Supreme Court · 1896
  4. Hooton v. Jarman Chevrolet Co.Oregon Supreme Court · 1931

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