Gehman v. Erdman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lehigh county: Of July Term, 1883, No. 134. This was an action of trespass on the ease by Enos Erdman and Jacob Geisiuger against Solomon Geliman, to recover damages for backing up the waters of a certain stream, thereby impeding the operations of the plaintiff’s mill. Plea, .not guilty.
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Error to the Court of Common Pleas of Lehigh county: Of July Term, 1883, No. 134. This was an action of trespass on the ease by Enos Erdman and Jacob Geisiuger against Solomon Geliman, to recover damages for backing up the waters of a certain stream, thereby impeding the operations of the plaintiff’s mill. Plea, .not guilty. The material facts of the case, as they appeared on the trial, before Albright P. J., together with a portion of the charge of the court, and the matters assigned for error, are fully set forth in the opinion of this court.
1Opinion of the CourtJustice Clark
The plaintiffs below, Erdman and Geisinger, are the owners of a water-power grist mill, located upon a small creek in ■Centre Valley,’ Lehigh county; S'olomon Gehman, the defendant below, is also the owner of a mill'upon the same stream, a short distance below that of the plaintiffs. The injury alleged, and for redress of which this action on the case is brought, is, that the reservoir or mill dam of Gehman floods the water of the stream back upon the wheel of the plaintiffs’ mill, injuriously impeding its operation, detracting from its power, and diminishing its value. ■
It would appear that…
2Cited by5 opinions
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