Legal Opinion

Hannum v. Borough of West Chester

Supreme Court of Pennsylvania

Decided January 31, 1870PublishedCited by 15 opinions

Error to the Common Pleas of Chester county: No 152, to July Term 1869. The proceedings below were commenced by petition by the plaintiff for the assessment of damages sustained by him by the diversion of water from a creek running through his premises by the defendant.

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Error to the Common Pleas of Chester county: No 152, to July Term 1869. The proceedings below were commenced by petition by the plaintiff for the assessment of damages sustained by him by the diversion of water from a creek running through his premises by the defendant. The water was taken by the borough under the authority of an Act of Assembly of April 16th 1838, by which the borough was authorized to purchase any water-power, and take any stream of water or land to which such stream may he appertenant, for the purpose of introducing water into the. borough. For such taking the act provides…

1Opinion of the Court

The opinion of the court was delivered, January 31st 1870, by

Sharswood, J. —

The Act of March 27th 1713, 1 Smith 76, for limitation of actions, copied from 21 Jac. 1, c. 16, includes in its enumeration all forms of personal actions in use, but it provided *478that the time should be reckoned from the cause of action or suit, and not after. Hence most probably the construction, which has been uniformly received, that it is not the form, but tbe cause of action which is to be considered: and it may be stated as a general rule that wherever the cause of action is such as would be subject to the bar…

2Cases cited4 opinions

  1. Bank of the United States v. DANIELSupreme Court of the United States · 1838
  2. Humbert v. Rector of Trinity ChurchCourt for the Trial of Impeachments and Correction of Errors · 1840
  3. Hart v. New Orleans & Carrollton Rail RoadSupreme Court of Louisiana · 1841
  4. Smith v. McFallIndiana Supreme Court · 1848

3Cited by15 opinions

  1. Roland Electrical Co. v. BlackCourt of Appeals for the Fourth Circuit · 1947
  2. Philadelphia ParkwaySupreme Court of Pennsylvania · 1915
  3. Edwards v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2016
  4. Erny's EstateSupreme Court of Pennsylvania · 1940
  5. Daniels v. Beryllium CorporationDistrict Court, E.D. Pennsylvania · 1962

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