Seibert v. Levan
Supreme Court of Pennsylvania
In error from the Common Pleas of Berks county. The facts of this case are fully set forth in the charge of the. court below; and, as no other exceptions were argued in this court, either upon the argument in 1841, or upon the reargument in 1848, but those taken to the charge, it will be sufficient to present the case to the profession, as it was presented to this .court by the court below.
Read the full summary
In error from the Common Pleas of Berks county. The facts of this case are fully set forth in the charge of the. court below; and, as no other exceptions were argued in this court, either upon the argument in 1841, or upon the reargument in 1848, but those taken to the charge, it will be sufficient to present the case to the profession, as it was presented to this .court by the court below. Upon the trial there, Jones, P. J., charged the jury as follows:— “This is an action on the case for obstructing a certain race through which the water flowed to the plaintiff’s clover-mill. “ In 1830,…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
We have before us a case in which the proprietor of two adjoining tracts of land, through which ran a water-course to his mill on the lower one,-part of which was the natural bed of a small stream, and part of it a trench from a neighbouring creek, conveyed the upper tract expressly, without reserving the water-right, to a party who has obstructed the trench and cut off the supply of water from the creek. Such a water-course is analogous to a way of necessity, which is not extinguished by unity of seisin, the only difference being that in…
2Cited by15 opinions
- Grace Methodist Episcopal Church v. DobbinsSupreme Court of Pennsylvania · 1893
- Tosh v. WittsSupreme Court of Pennsylvania · 1955
- Durante v. AlbaSupreme Court of Pennsylvania · 1920
- Sheffield Water Co. v. Elk Tanning Co.Supreme Court of Pennsylvania · 1909
- Zell v. Universalist SocietySupreme Court of Pennsylvania · 1888
10 more not listed; retrieve them via the Exa API.