Humphrey v. Irvin
Supreme Court of Pennsylvania
Error to the Common Pleas of Clearfield County to review a judgment on a verdict for defendants in an action of trespass on the case to recover damages for injuries caused by a milldam. On July 30, 1881, this suit was brought by P. S. Humphrey against defendants, to recover damages for the backing of water on plaintiff’s land. The declaration in the usual form claims both general and special damages. The plea was “Not guilty.”
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Error to the Common Pleas of Clearfield County to review a judgment on a verdict for defendants in an action of trespass on the case to recover damages for injuries caused by a milldam. On July 30, 1881, this suit was brought by P. S. Humphrey against defendants, to recover damages for the backing of water on plaintiff’s land. The declaration in the usual form claims both general and special damages. The plea was “Not guilty.” July 28, 1884-, defendants were duly notified by plaintiff that he proposed to claim damages up to the trial of the suit. September 23, 1884, the trial came on, and…
1Opinion of the Court
Opinion by
Mr. Justice Sterrett:
This action on the case was brought against the widow and heirs of John Irvin, deceased, defendants in error, to recover damages for injuries alleged to have been done to plaintiff’s land by their milldam.
In the declaration it is averred that on July 30, 1875, and between that time and the bringing of this suit, the defendants wrongfully, injuriously, and unlawfully made, kept, and continued, and caused to be made, kept, and continued, a dam of great length, width, etc., across the river at a point about 3 miles below plaintiff’s land, more or less, by the…
2Cases cited4 opinions
- Alexander v. KerrSupreme Court of Pennsylvania · 1828
- Pastorius v. FisherSupreme Court of Pennsylvania · 1828
- Bell v. M'ClintockSupreme Court of Pennsylvania · 1839
- Casebeer v. MowrySupreme Court of Pennsylvania · 1867