Legal Opinion

Dodge v. Bache

Supreme Court of Pennsylvania

Decided March 19, 1868PublishedCited by 6 opinions

Error to the Court of Common Pleas of Tioga county: No. 326, to January Term 1868. This was an action on the case, by John N. Bache against William E. Dodge and others, commenced May 4th 1860, to recover for the loss of a quantity of logs, belonging to the plaintiff, alleged to have been carried away by a freshet occasioned by the opening of a dam of the defendant. The case was tried before Streeter, P. J., of the Thirteenth Judicial District.

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Error to the Court of Common Pleas of Tioga county: No. 326, to January Term 1868. This was an action on the case, by John N. Bache against William E. Dodge and others, commenced May 4th 1860, to recover for the loss of a quantity of logs, belonging to the plaintiff, alleged to have been carried away by a freshet occasioned by the opening of a dam of the defendant. The case was tried before Streeter, P. J., of the Thirteenth Judicial District. The plaintiff gave evidence that the defendants carried on the lumbering business at Manchester Mills on Pine creek and at other mills on Marsh creek,…

1Opinion of the Court

The opinion of the court was delivered, by

Sharswood, J.

The 1st error assigned is as to the admission of the testimony of Ezra Chandler. One of the questions in the cause, if not the principal one, was whether McDougall, the agent of the defendants, had cut the slash-boards of the dam at the Marsh creek pond, by which an artificial freshet was caused in the stream below, and the plaintiff’s logs were carried away and lost. It was offered to prove by Chandler that McDougall had declared that he intended to do this, before the dam was let off. It was objected’to on the ground that such…

2Cases cited2 opinions

  1. Russell v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
  2. Spring Garden Mutual Insurance v. Evans ex rel. RileyCourt of Appeals of Maryland · 1860

3Cited by6 opinions

  1. Commonwealth v. NazarovitchSupreme Court of Pennsylvania · 1981
  2. Christian Moerlein Brewing Co. v. RuschSupreme Court of Pennsylvania · 1922
  3. Commonwealth v. JoyceSupreme Court of Pennsylvania · 1934
  4. Clark v. Union Traction Co.Supreme Court of Pennsylvania · 1905
  5. Misher v. StateCourt of Criminal Appeals of Texas · 1912

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