Legal Opinion

Bicking v. Florey's Brick Works

Superior Court of Pennsylvania

Decided April 21, 1913No. Appeal, No. 4PublishedCited by 1 opinion

Appeal, No. 4, Oct. T., 1912, by defendants, from decree of C. P. Chester Co., No. 552, in equity, in case of Mary P. Bicking, Widow, and Samuel P. Bicking, Executor of S. Austin Bicking, deceased, v. Florey’s Brick Works, James Florey and William McClure, Jr. Bill in equity for an injunction.

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Appeal, No. 4, Oct. T., 1912, by defendants, from decree of C. P. Chester Co., No. 552, in equity, in case of Mary P. Bicking, Widow, and Samuel P. Bicking, Executor of S. Austin Bicking, deceased, v. Florey’s Brick Works, James Florey and William McClure, Jr. Bill in equity for an injunction. Butler, J., found the facts to be as follows: The common source of title of the respective properties of the plaintiffs and defendants is Thomas Downing who in 1750 owned a tract of 561 acres, which included the mill now owned by the plaintiffs, its race, and all the land now owned by the defendants.…

1Opinion of the Court

Opinion by

Head, J.,

The plaintiffs in Their bill prayed for an injunction to restrain the defendants from the commission or continuance of an alleged permanent trespass by the occupation of a portion of their land over which they had erected a bridge or causeway. The plaintiffs are the owners of a tract of land upon which is a mill fed by a mill race. They averred that they were the owners of the fee in the soil traversed by the mill race. The defendants denied that the plaintiffs had more than an easement to have the water flow through the mill race to the mill, and asserted that they…

2Cases cited8 opinions

  1. Piro v. ShipleySupreme Court of Pennsylvania · 1905
  2. Kister v. ReeserSupreme Court of Pennsylvania · 1881
  3. Whitaker v. BrownSupreme Court of Pennsylvania · 1864
  4. Andreas v. SteigerwaltSuperior Court of Pennsylvania · 1905
  5. Mannerback v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1901

3 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Englehart v. Westmoreland Water Co.Superior Court of Pennsylvania · 1949

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