Horn v. Miller
Pennsylvania Court of Common Pleas, Bedford County
No. 152 July Term 1889, Sup. Ct.; court below, No. 895-September Term 1887, C. P. On September 12, 1887, G. Newton Horn brought trespass against Samuel Miller and others, for an alleged wrongful diversion of water from the plaintiff’s mill. The defendants pleaded not guilty, and afterwards added a plea averring adverse user.
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No. 152 July Term 1889, Sup. Ct.; court below, No. 895-September Term 1887, C. P. On September 12, 1887, G. Newton Horn brought trespass against Samuel Miller and others, for an alleged wrongful diversion of water from the plaintiff’s mill. The defendants pleaded not guilty, and afterwards added a plea averring adverse user. At the trial on November 29, 1888, the following facts were shown: The plaintiff was the owner of a tract of land containing 9 acres and 120 perches, near the town of Hyndman, on which was a grist-mill, run by water power obtained from Wills creek. About a mile above the…
1Opinion of the Court
Opinion,
Me. Justice Claek :
This action was brought to recover damages for the diversion of the water of Wills creek, from the channel through which the plaintiff supplied the wheel of his grist-mill, near Hyndman, in Bedford county. It appears that the waters of' Wills creek divide at a point about a mile above the plaintiff’s land, (whether from artificial or natural causes does not appear,) and thence proceed in two channels, one by the plaintiff’s mill, and one by the defendants’ mill, to a point a short distance below both mills, where a junction is again effected. It also appears that,…
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