Harvey v. Vandegrift
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bucks county: Of January Term 1875, No. 30. Case by John Yandegrift against Josiah L. Harvey and Richard Eyre, to recover damages for injury to plaintiff’s fishery, which it was alleged was caused by the erection of a wharf by defendants.
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Error to the Court of Common Pleas of Bucks county: Of January Term 1875, No. 30. Case by John Yandegrift against Josiah L. Harvey and Richard Eyre, to recover damages for injury to plaintiff’s fishery, which it was alleged was caused by the erection of a wharf by defendants. The narr. averred that the plaintiff was, on the first day of April 1870, and ever since had been possessed of and in a certain messuage and three acres and a quarter of land, with the appurtenances, lying and being “in the township of Bensalem, in the county of Bucks, and state of Pennsylvania, adjoining lands of Josiah…
1Opinion of the CourtJustice Paxson
The plaintiff below is the owner of a tract of three and a quarter acres of land on the river Delaware, in Bucks county, a few miles below Bristol. He is also the owner of certain rights of fishery appurtenant to said land. The defendant owns the tract adjoining on the east, and in the year 1870 built a wharf in front of his land, extending out into the river over one hundred feet below low-water mark. The plaintiff contends that this wharf obstructs his right of fishing, and brought this action in the court below to recover damages therefor.
No servitude upon the land of the defendant appears…
2Cases cited1 opinion
- Scott v. SheaklySupreme Court of Pennsylvania · 1834
3Cited by9 opinions
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- Detwiler v. ColdrenSupreme Court of Pennsylvania · 1933
- Heningkamp v. Valley Smokeless Coal Co.Supreme Court of Pennsylvania · 1922
- King v. New York & Cleveland Gas Coal Co.Supreme Court of Pennsylvania · 1903
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