Oliphant v. Smith
Supreme Court of Pennsylvania
Writ of Error to the Common Pleas of Fayette county. This was an action brought by Oliphant and Duncan against Joseph Smith, for erecting a dam in the Youghiogheny river, by which the plaintiff’s boat was hindered from passing up the said river and was .sunk, whereby he sustained damage.' During the progress of the trial, the evidence given established the fact that the dam alleged to have been built and kept up by the defendant, was in the county of Westmoreland.
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Writ of Error to the Common Pleas of Fayette county. This was an action brought by Oliphant and Duncan against Joseph Smith, for erecting a dam in the Youghiogheny river, by which the plaintiff’s boat was hindered from passing up the said river and was .sunk, whereby he sustained damage.' During the progress of the trial, the evidence given established the fact that the dam alleged to have been built and kept up by the defendant, was in the county of Westmoreland. Whereupon the defendant objected to the admission of any further testimony on the subject, on the ground that the action, was…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J,
The act of the 23d March 18Q3, authorizes per-, sons owning lands adjoining navigable streams of water, declared public highways, to erect dams for mills and other water works, and gives a remedy to the owner of any raft, boat or other vessel, which may be obstructed or suffer damage, or be delayed in their passage on such streams, The plaintiff complains that the defendant obstructed the navigation of the river Youghiogheny, so that he could not pass, &c. with the same ease as he had been accustomed to do before the erection; that he was…
2Cited by3 opinions
- City of Helena v. RoganMontana Supreme Court · 1902
- White v. Rio Grande Western Railway Co.Utah Supreme Court · 1903
- Rundle v. Delaware & R. CanalU.S. Circuit Court for the District of Eastern Pennsylvania · 1849