Clark v. Penna. R. Co.
Pennsylvania Court of Common Pleas, Westmoreland County
No. 111 October Term 1891, Sup. Ct.; court below, No. 424 May Term 1887, C. P. On April 9,1887, Paul Clark brought trespass on the case against the Pennsylvania Railroad Company, to recover damages for a diversion by the defendant of the water of a stream known as Clark’s run. Subsequently, the record was amended by adding the names of Dixon Bennett and N. J. Bennett, his wife, in right and for the use of said N. J. Bennett, as co-plaintiffs with Paul Clark.
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No. 111 October Term 1891, Sup. Ct.; court below, No. 424 May Term 1887, C. P. On April 9,1887, Paul Clark brought trespass on the case against the Pennsylvania Railroad Company, to recover damages for a diversion by the defendant of the water of a stream known as Clark’s run. Subsequently, the record was amended by adding the names of Dixon Bennett and N. J. Bennett, his wife, in right and for the use of said N. J. Bennett, as co-plaintiffs with Paul Clark. The defendant pleaded not guilty and the statute of limitations. « ■At the trial, on April 14, 1890, the following facts were shown:…
1Opinion of the Court
Opinion,
Mr. Justice Clark:
The plaintiffs, Paul Clark and others, own one hundred and twenty acres of land, near the western base of Laurel Hill, in Westmoreland county, along the line of the Pennsylvania railroad, and above the town of New Florence. A small stream of water ran through this land, with such a fall as to form the site for a water power for a mill, and a grist-mill had many years ago been erected, which, by an overshot wheel, was propelled by the water of this stream until about the year 1872, when the mill was abandoned, and has since that time been suffered to go to decay and…
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