Dyer v. Depui
Supreme Court of Pennsylvania
IN ERROR. ERROR to the District Court for the City and County of Philadelphia,, to remove the record of an action on the case, brought by Moses Depui against Joseph Dyer.
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IN ERROR. ERROR to the District Court for the City and County of Philadelphia,, to remove the record of an action on the case, brought by Moses Depui against Joseph Dyer. The plaintiff declared, that whereas he “ the said Moses, before and at the time of the committing of the grievances hereinafter mentioned was, and from thence hitherto hath been and still is lawfully possessed of a certain farm and tract of land situate in the township of Moreland, in the county of Philadelphia, containing forty-two acres and sixty-one perches, with the appurtenances; and by reason thereof, before and at…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
This was an action on the case brought by Moses Depui against Joseph Dyer., for pulling down and destroying a dam, which had been erected by the plaintiff on the land of the defendant, for the purpose of turning upon the plaintiff’s land, a stream of water which naturally flowed in another direction. The plaintiff claimed the right to erect the dam, and to cut a trench on his own land, and open one on the land of an intervening neighbour (Chap-pell,) so as to conduct the water thus diverted by means of the dam, to his farm and dwelling,…
2Cited by8 opinions
- Rhodes v. WhiteheadTexas Supreme Court · 1863
- Jones v. Van BochoveMichigan Supreme Court · 1894
- Salem Capital Flour Mills Co. v. Stayton Water-Ditch & Canal Co.United States Circuit Court · 1887
- Keystone State Telephone & Telegraph Co. v. Ridley Park BoroughSuperior Court of Pennsylvania · 1905
- Trimmer v. BerkheimerSuperior Court of Pennsylvania · 1915
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