Fulmer v. Williams
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF LEHIGH COUNTY. No. 189 July Term 1886, Sup. Ct.; court below, No. 55 January Term 1884, C. P. On December 11, 1888, an action in case was begun by David Williams against Henry Fulmer.
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ERROR TO THE COURT OF COMMON PLEAS OF LEHIGH COUNTY. No. 189 July Term 1886, Sup. Ct.; court below, No. 55 January Term 1884, C. P. On December 11, 1888, an action in case was begun by David Williams against Henry Fulmer. The narr filed averred that the plaintiff was the owner in fee of a parcel of land near the borough of Slatington, bounded on the east by an arm or branch of the Lehigh river, upon which he had erected and for many years maintained and operated a factory for the manufacture of school slates, and that he had “ and ought to have the use and benefit of a certain water course or…
1Opinion of the Court
Opiirnm,
Mu. Justice Williams :
The plaintiff below is the owner of land lying on the west bank of the Lehigh river, on which he has a factory for the making of school slates. The machinery has for several years been propelled by the water of the river. Directly opposite the plaintiff’s factory is an island, between which and the west bank of the river flowed a stream which, in ordinary stages of water, was about eighty feet wide and from four to five feet ■deep. Across this channel the plaintiff had built a dam high ■enough to raise the water about one foot above its ordinary level, and this…
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