Livezey v. Philadelphia
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 394, to January Term 1869. . This was an action on the case brought September 13th 1867, by Thomas Livezey against The City of Philadelphia.
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Error to the District Court of Philadelphia: No. 394, to January Term 1869. . This was an action on the case brought September 13th 1867, by Thomas Livezey against The City of Philadelphia. The declaration contained four counts: 1. That the plaintiff owned a tract of land on Wissahickon creek, Philadelphia, on which and near the margin of the creek, stood the Valley Green Hotel and also large trees of great value, both for use and beauty; that said creek had immemorially flowed by the land of the plaintiff, and it was his right that it should continue so to flow. Yet the defendant, intending…
1Opinion of the Court
The opinion of the court was delivered
by Sharswood, J.
— -The learned judge of the District Court, after having heard the plaintiff’s case, being of the opinion that he had given no such evidence as in law was sufficient to maintain the action, entered a nonsuit, under the 7th section of the Act of March 11th 1836, Pamph. L. 78.
The declaration contains four counts. The first two, with some unimportant variations in the mode of statement, allege, as the ground of complaint, that the defendants wrongfully and injuriously obstructed, diverted and turned the ancient, natural and accustomed flow of…
2Cases cited1 opinion
- President for erecting a Bridge over the River Lehigh v. Lehigh Coal & Navigation Co.Supreme Court of Pennsylvania · 1833
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- CARLSON v. A. & P. Corrugated Box Corp.Supreme Court of Pennsylvania · 1950
- Helbling v. Allegheny Cemetery Co.Supreme Court of Pennsylvania · 1902
- Kindell v. Franklin Sugar Refining Co.Supreme Court of Pennsylvania · 1926
- Dixon v. BreonSuperior Court of Pennsylvania · 1903
- Dalling v. WeinsteinPennsylvania Court of Common Pleas · 1939
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