President of the Schuylkill Navigation Co. v. Kittera
Supreme Court of Pennsylvania
On a writ of error to tbe Court of Common Pleas of Montgomery county, the record presented the following case: — The defendant in error, Thomccs Kittera, Esq., instituted proceedings under the provisions of the act of assembly of the 8th of March, 1815, against the President, Managers and Company of the.
Read the full summary
On a writ of error to tbe Court of Common Pleas of Montgomery county, the record presented the following case: — The defendant in error, Thomccs Kittera, Esq., instituted proceedings under the provisions of the act of assembly of the 8th of March, 1815, against the President, Managers and Company of the. Schuylkill Navigation Company,’ in which he complained of having been injured by a dam, erected an8 raised by them at Flat Rock, in the river Schuylkill, by means of which, the water of that river was swelled into the tail race of his mill, and waterworks at the mouth of Mill-C^eek, in the…
1Opinion of the Court
Smith, J.,
(after stating the case,) delivered the opinion of the Court as follows:— .
By the elev.enth section of the act of- assembly of the 8th of March, 1815, it is provided, “ That either party may appeal to the court within thirty days after such report may have been filed in the prothonotary’s office of the proper county, in the same manner as appeals are allowed in other cases.” The language of this clause — the oath, that the party appealing apprehends injustice may be done, the filing of the report, and a certificate of the oath with the prothonotary, the practice of entering into a…
2Cases cited1 opinion
- Landis v. ShaefferSupreme Court of Pennsylvania · 1818
3Cited by2 opinions
- Gano v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1901
- Succession of VanceSupreme Court of Louisiana · 1887