Lacy v. Arnett
Supreme Court of Pennsylvania
Error to the Common Pleas of Warren county. This was an action on the case by Silas Lacy against Lewis Arnett and B. S. Orr, for maintaining a mill-dam in the Conewango creek, a short distance above its confluence with the Allegheny river, whereby the plaintiff’s lands were overflowed. The mills and dam of the defendants were first erected in 1812 or 1813. The dam was of a temporary character, intended for driving a saw-mill.
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Error to the Common Pleas of Warren county. This was an action on the case by Silas Lacy against Lewis Arnett and B. S. Orr, for maintaining a mill-dam in the Conewango creek, a short distance above its confluence with the Allegheny river, whereby the plaintiff’s lands were overflowed. The mills and dam of the defendants were first erected in 1812 or 1813. The dam was of a temporary character, intended for driving a saw-mill. In 1818 or 1819, they were owned by James Arthurs; and Jacob Hook was the owner of the land now vested in the plaintiff, and in respect to which this action was brought.…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
The dam about which the controversy arose, is situate a short distance above the confluence of the Conewango creek with the Allegheny river, in the county of Warren. The first dam was built in 1812 or l8l3, and seems to have been of a temporary character, and intended for the purpose of propelling a saw-mill. Afterwards, in 1818 or 1819, the owners of the mill *172purchased the right to abut a dam on the land' of Jacob Hook on the east bank of the stream, being themselves the owners on the west bank. Pursuant to this purchase, which we must…
2Cases cited2 opinions
- M'Kellip v. M'IlhennySupreme Court of Pennsylvania · 1835
- O'Donnell v. LynchSupreme Court of Pennsylvania · 1841
3Cited by4 opinions
- Leininger v. GoodmanSupreme Court of Pennsylvania · 1923
- Haigh v. LenfestyIllinois Supreme Court · 1909
- Hopkins v. StoneroadSuperior Court of Pennsylvania · 1902
- Bajor v. Bell Telephone Co.Pennsylvania Court of Common Pleas · 1953