Buckholder v. Sigler
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Mifflin county. This was an action on the case for a nuisance by Adam Sigler against Joseph Buckholder, for damming the water and flowing it back upon the plaintiff’s land.
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ERROR to the Common Pleas of Mifflin county. This was an action on the case for a nuisance by Adam Sigler against Joseph Buckholder, for damming the water and flowing it back upon the plaintiff’s land. George Sigler, under whom the plaintiff claims, and Caleb Par-shall, under whom the defendant claims, were the original' owners of the adjoining tracts of land: in 1785, Sigler conveyed to Par-shall “ one acre of ground on Long Meadow run, for the use and benefit of erecting a mill-dam, adjoining the land of Parshall, to be surveyed and laid off on each side of the run, where it may appear to…
1Opinion of the Court
The opinion of the Court was delivered by
Kenneoy, J.
The plaintiff and defendant in error are the respective owners of two adjoining tracts of land lying on the same stream of water. The tract belonging to the plaintiff lies on the stream below that of the defendant, upon which the former erected a mill-dam across the stream; which, as the defendant alleges, caused the water of the stream to overflow some portion of his land above, for which he brought this suit. Twelve errors have been assigned, many of which involve the same question; hence a notice of them all will be wholly unnecessary.…
2Cases cited1 opinion
- Union Canal Co. v. YoungSupreme Court of Pennsylvania · 1836
3Cited by13 opinions
- Ingles v. InglesSupreme Court of Pennsylvania · 1892
- De Haven v. BartholomewSupreme Court of Pennsylvania · 1868
- Brown v. DaySupreme Court of Pennsylvania · 1875
- Cohn v. PlassSupreme Court of New Jersey · 1915
- Connor v. BellSupreme Court of Pennsylvania · 1893
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