Bacon v. Arthur
Supreme Court of Pennsylvania
ERROR to the common pleas of Warren county. This was an action on the case by Horace Bacon and Richard Hiller against Robert Arthur, Oliver Parker and Alpheus Hawley.
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ERROR to the common pleas of Warren county. This was an action on the case by Horace Bacon and Richard Hiller against Robert Arthur, Oliver Parker and Alpheus Hawley. The defendants erected a dam in the Conewango creek, (a public highway) in pursuance of the act of the 23d of March 1803. The consequence of which was, that a bar was formed in the bed of the stream below, which obstructed the navigation, and upon which the boats, rafts, &c. of the plaintiffs had been wrecked, and for which they claimed damages in. this suit. The court below instructed the jury that the plaintiffs could not…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
--This is an action on the case, to recover damages for an injury sustained by the plaintiff by the erection of a mill-dam on the Conewango river. It is averred in the declaration that the dam so obstructs the navigation of the stream, and changes the natural flow of its water, that certain mounds and bars are thrown up and created, by which the natural channel is obstructed, See. On the trial a variety of evidence was given, which it is immaterial particularly to recapitulate. It is assumed in the charge that the plaintiff suffered great…
2Cases cited1 opinion
- President for erecting a Bridge over the River Lehigh v. Lehigh Coal & Navigation Co.Supreme Court of Pennsylvania · 1833
3Cited by9 opinions
- Commonwealth v. Erie & North-East RailroadSupreme Court of Pennsylvania · 1854
- Alden v. PinneySupreme Court of Florida · 1868
- Monongahela Bridge Co. v. KirkSupreme Court of Pennsylvania · 1863
- Clarke v. Birmingham & Pittsburgh Bridge Co.Supreme Court of Pennsylvania · 1862
- Roush v. WalterSupreme Court of Pennsylvania · 1840
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