Bertsch v. Lehigh Coal & Navigation Co.
Supreme Court of Pennsylvania
This was an appeal from the decision of Judge Huston, holding the Circuit Court of Northampton county, in September, 1831. It was a proceeding under the acts of 20th March, 1818, entitled “ An act to improve the navigation of the river Lehigh,” (Pam. Laws, 197,) and of the 13th February, 1822, entitled “An act to incorporate the Lehigh Coal and Navigation Company.” (Pam.
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This was an appeal from the decision of Judge Huston, holding the Circuit Court of Northampton county, in September, 1831. It was a proceeding under the acts of 20th March, 1818, entitled “ An act to improve the navigation of the river Lehigh,” (Pam. Laws, 197,) and of the 13th February, 1822, entitled “An act to incorporate the Lehigh Coal and Navigation Company.” (Pam. Laws, 21.) The first section of the act first-mentioned, authorised Josiak White, George F. A. Hauto and Erskine Hazard, their heirs and assigns, to enter upon the river Lehigh, to open, enlarge and change its channel, &c. to…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
We think that the plaintiff ought to have been permitted to have given the evidence contained in his first offer, so far as it tended to prove that at the time the agreement was made and entered into between the plaintiff and the defendants, which the latter have pleaded as a bar to this proceeding of the former, the line or route of the canal was then laid out and designated by stakes set up through the plaintiff's land, and that the written agreement which has been set out by the defendants in their plea, was made in reference to that…
2Cited by11 opinions
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