Casebeer v. Mowry
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Somerset county. This was an action in case, commenced September 25th 1865, by David Casebeer against Philip Mowry. The declaration contained two counts; one for the continuance of a nuisance in flooding the plaintiff’s land by a dam; the second, for constructing a tail-race through the plaintiff’s land, and causing the water to overflow it.
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Error to the Court of Common Pleas of Somerset county. This was an action in case, commenced September 25th 1865, by David Casebeer against Philip Mowry. The declaration contained two counts; one for the continuance of a nuisance in flooding the plaintiff’s land by a dam; the second, for constructing a tail-race through the plaintiff’s land, and causing the water to overflow it. The plaintiff gave in evidence the record of a former action for flooding his land by raising the same dam, in which he recovered a verdict on the 9th of February 1865 for three cents damages; on the same day, there…
1Opinion of the Court
The opinion of the court was delivered, July 3d 1867, by
Thompson, J.
— This was an action for the continuance of a nuisance by flooding the plaintiff’s land. The suit was brought in 1865, and there was a verdict and judgment for the defendant on the 7th of February, 1867. A previous suit for the same nuisance, occasioned by the same dam, and between the same parties, had been brought in 1862. It was tried in February, 1865, and there was a verdict for three cents damages in favor of the plaintiff, on which judgment was entered on the 9th February, 1866; that was a year before the trial of the…
2Cases cited4 opinions
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- Humphrey v. IrvinSupreme Court of Pennsylvania · 1886
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