Fisher v. Paff
Superior Court of Pennsylvania
Appeal, No. 129, Oct. T., 1898, by-defendant, from judgment of O. P. Berks Co., April T., 189T, No. 44, on verdict for plaintiff. Opinion by W. D. Porter, J. Trespass.
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Appeal, No. 129, Oct. T., 1898, by-defendant, from judgment of O. P. Berks Co., April T., 189T, No. 44, on verdict for plaintiff. Opinion by W. D. Porter, J. Trespass. Before Ehdlich, J. It appears from the record and evidence that the plaintiff, an upper riparian owner, brought an action of trespass against the defendant and filed a declaration in which he complained that defendant had erected a dam across the stream, thereby taking the water of said stream out of its natural and accustomed channel wherein it had flowed for thirty years last past and upwards, thereby flooding plaintiff’s…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The statement filed by plaintiff alleged that the defendant, through whose land a stream of water flowed from the land of plaintiff, “ on or about October 1, 1896, with a certain dam or causeway, did obstruct and raise the water of said stream, thereby taking the water of said stream out of its natural and accustomed channel, wherein it flowed, for thirty years last past and upwards, and causing the water of said stream to swell back, overflow and flood the land of plaintiff, to wit, two acres of land mentioned as aforesaid, which said wrongful and unlawful act of…
2Cases cited4 opinions
- Newbold v. PennockSupreme Court of Pennsylvania · 1893
- Cavanaugh v. BuehlerSupreme Court of Pennsylvania · 1888
- Chestnut Hill & Spring House Turnpike Co. v. PiperSupreme Court of Pennsylvania · 1875
- Darlington v. PainterSupreme Court of Pennsylvania · 1848
3Cited by4 opinions
- Vandalia Railroad v. YeagerIndiana Court of Appeals · 1915
- Edwards v. WoodruffSuperior Court of Pennsylvania · 1904
- Diehl v. Fidelity-Philadelphia Trust Co.Superior Court of Pennsylvania · 1949
- Steese v. Mifflinburg Borough, Pennsylvania Court of Common Pleas, Union County1924