Monongahela Navigation Co. v. Coons
Supreme Court of Pennsylvania
THIS was an action on the case in the District Court of Allegheny county, brought by Adam Coons and David Coons against the Monongahela Navigation Company, for obstructing the water in the Youghiogeny river and injuring the plaintiffs’ mill. The defendant is an incorporated company, and authorized by its charter to erect dams in the Monongahela river for the purpose of a lock and slackwater navigation between Pittsburgh and the Virginia State-line.
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THIS was an action on the case in the District Court of Allegheny county, brought by Adam Coons and David Coons against the Monongahela Navigation Company, for obstructing the water in the Youghiogeny river and injuring the plaintiffs’ mill. The defendant is an incorporated company, and authorized by its charter to erect dams in the Monongahela river for the purpose of a lock and slackwater navigation between Pittsburgh and the Virginia State-line. One of these dams obstructed the water in the Youghiogeny, to the injury of the plaintiffs’ mill, at the distance of five or six miles from its…
1Dissent
Huston, J.,
dissentiente. — As I cannot, after the most deliberate consideration, concur in the opinion of the majority of the court, I shall state my reasons.
The Youghiogeny was declared a highway on the 13th April 1782. It is not so long a stream as Pine Creek or Toby Creek, and perhaps does not pass, in a year, so much water as either of those streams, or as French Creek, or Bald Eagle, or Fishing Creek, in Columbia county, or some other streams, called creeks, in this State. It is, therefore, within the letter and spirit of the *116Act of 23d March 1803, which permits persons holding lands on…
2Cases cited3 opinions
- Case of "the Philadelphia & Trenton Rail Road"Supreme Court of Pennsylvania · 1840
- Chesnut Hill & Spring House Turnpike Co. v. RutterSupreme Court of Pennsylvania · 1818
- Criswell v. ClughSupreme Court of Pennsylvania · 1834