Carter v. Tinicum Fishing Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Delaware county: No. 96, to January Term 1874. This was an action on the case, brought July 26th 1867, by Paul B. Carter against The Tinicum Fishing ..Company, for the disturbance of a right of fishery on the Delaware river, twelve-fourteenths of which the plaintiff claimed that he owned.
Read the full summary
Error to the Court of Common Pleas of Delaware county: No. 96, to January Term 1874. This was an action on the case, brought July 26th 1867, by Paul B. Carter against The Tinicum Fishing ..Company, for the disturbance of a right of fishery on the Delaware river, twelve-fourteenths of which the plaintiff claimed that he owned. The defendants owned the land in front of the fishery, and, by permission of the port wardens of Philadelphia, had erected a pier, which the plaintiff alleged interfered with his right. The case hacl been tried twice before, and had been reversed in the Supreme Court: it…
1Opinion of the CourtChief Justice Acutew
This case has been before us three times, including the present ■writ of error. The verdict having been for the plaintiffs below, in the former trials, the question before us now was not then fairly presented. Upon the second writ of error, Justice Sharswood said: “We must dismiss from our consideration the fact that evidence was given of a devise of a fishing place by a former owner *313of the shore, under which the plaintiff attempted to deduce title. He failed, in the opinion of the learned judge below. Whether he was right or wrong in that opinion is a question which we have not before us on…
2Cases cited5 opinions
- Foulk v. BrownSupreme Court of Pennsylvania · 1834
- Taylor v. DoughertySupreme Court of Pennsylvania · 1841
- Turner v. WatersonSupreme Court of Pennsylvania · 1842
- Eckert v. Yous'Supreme Court of Pennsylvania · 1828
- Lessee of Paxton v. PriceSupreme Court of Pennsylvania · 1795
3Cited by15 opinions
- Shinn v. RosenbergerSupreme Court of Pennsylvania · 1943
- Townsend v. BoydSupreme Court of Pennsylvania · 1907
- Dougherty v. WelshansSupreme Court of Pennsylvania · 1911
- Gibbs v. SweetSuperior Court of Pennsylvania · 1902
- Godino v. KaneSuperior Court of Pennsylvania · 1904
10 more not listed; retrieve them via the Exa API.