Rhines v. Clark
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Jefferson county. This was an action on the case brought by Andrew S. Rhines, the plaintiff in error, against Iienry Raught. During the pend-ency of the suit, Raught died, and A. M. Clark and Rosanna Raught, his executors — the defendants in error — were substituted. Raught, some time before 1857, had erected and maintained a dam across the Clarion river, which is a highway.
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Error to the Court of Common Pleas of Jefferson county. This was an action on the case brought by Andrew S. Rhines, the plaintiff in error, against Iienry Raught. During the pend-ency of the suit, Raught died, and A. M. Clark and Rosanna Raught, his executors — the defendants in error — were substituted. Raught, some time before 1857, had erected and maintained a dam across the Clarion river, which is a highway. In that year Rhine$ was running a raft of lumber clown the river, which stuck fast on this dam, and in consequence, was delayed, put to expense, and lost much of his timber. By an Act…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
Raught having erected, and for many years maintained, a mill-dam in the Clarion river, the plaintiff, in navigating that stream with his lumber, suffered detention and loss by reason of the dam, and brought this action on the case to recover his damages. Raught having died pending the action, his executors were substituted.
The court below ruled that the action would not lie because a statutory mode of redress for such injuries had been provided by the Act of Assembly of 27th March 1852 (Pi L. p. 183), and thus the plaintiff was put out…
2Cases cited1 opinion
- Rutter v. The FerrisDistrict Court, E.D. Pennsylvania · 1860
3Cited by21 opinions
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- Commonwealth v. DillworthSupreme Court of Pennsylvania · 1968
- Premier Cereal & Beverage Co. v. Pennsylvania Alcohol Permit BoardSupreme Court of Pennsylvania · 1928
- Blum v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of Pennsylvania · 1993
- Printed Terry Finishing Co. v. City of LebanonSuperior Court of Pennsylvania · 1977
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