Brown v. Bush
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Monroe county This was an action on the case, brought by Philip M. Bush against William E. Brown, to recover damages sustained by plaintiff by reason of the erection of a dam by defendant across Marshall’s creek, whereby the water was swelled hack upon the land of the plaintiff. The parties own adjoining land on said creek, Bush above and Brown below.
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ERROR to the Common Pleas of Monroe county This was an action on the case, brought by Philip M. Bush against William E. Brown, to recover damages sustained by plaintiff by reason of the erection of a dam by defendant across Marshall’s creek, whereby the water was swelled hack upon the land of the plaintiff. The parties own adjoining land on said creek, Bush above and Brown below. The division line between them crosses the creek 10 feet on one shore, and 17 feet on the other below the stone abutments of a wooden bridge, on the public road from Stroudsburg to Milford. There had been an old…
1Opinion of the Court
The opinion of the court was delivered,
by
Woodward, J.
We must regard the “stone row” as a natural inequality in the bed of the creek, for although it may have originated in an attempt to improve the fording, either by supervisors or teamsters, yet it was so ancient that no witness could fix its origin, or say with certainty that it was caused by human hands. The date of Bush’s title is not furnished us, but of course it was subsequent to the immemorial stone row. He acquired title, then, to land that was subject to whatever back-flow or obstruction of water the stone row occasioned. The stone…
2Cited by4 opinions
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