Lynch v. Troxell
Supreme Court of Pennsylvania
Appeal, No. 190, Jan. T., 1902, by-defendant, from judgment of C. P. Luzerne Co., Oct. T., 1899, No. 363, on verdict for plaintiff in case of Mary C. Lynch v. Ephraim Troxell. Trespass to recover damages for flooding land at Harvey’s lake. Before Savage, P. J., specially presiding. At the trial it appeared that in July, 1895, the plaintiff bought a farm at Harvey’s lake for $2,000, composed of three pieces.
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Appeal, No. 190, Jan. T., 1902, by-defendant, from judgment of C. P. Luzerne Co., Oct. T., 1899, No. 363, on verdict for plaintiff in case of Mary C. Lynch v. Ephraim Troxell. Trespass to recover damages for flooding land at Harvey’s lake. Before Savage, P. J., specially presiding. At the trial it appeared that in July, 1895, the plaintiff bought a farm at Harvey’s lake for $2,000, composed of three pieces. One of these containing about three acres, was bounded on the lake side as follows: “ thence to a point on the shore of Harvey’s Lake twenty feet above low water mark, thence along the…
1Opinion of the Court
Opinion by
Me. Justice Brown,
Under the undisputed facts in this case the right of the appellant to maintain a dam at or near the outlet of Harvey’s lake cannot be questioned by the appellee ; but she does have a right to complain, if, in replacing the old one with the present, he caused the water to be forced back upon her land and subjected it to overflow from which it had not previously suffered. When he built the new dam in 1895, at or near the place where the old one had stood, it was not—taking into consideration the rights of the riparian owners—simply a question whether the new one…
2Cases cited9 opinions
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- Lentz v. Carnegie Bros., Pennsylvania Court of Common Pleas, Westmoreland County1892
- Pittsb. C. & St. L. Ry. Co. v. LyonSupreme Court of Pennsylvania · 1889
- Barnett v. ReedSupreme Court of Pennsylvania · 1866
- Friday v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
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- Chesney v. Lehigh Valley Coal Co., Pennsylvania Court of Common Pleas, Northampton County1928
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