Schuylkill Navigation Co. v. Moore
Supreme Court of Pennsylvania
The president, managers and company of the Schuylkill Navigation Company brought an action on the case in this court against John Moore, to recover damages for drawing a greater quantity of water from their canal than, it was alleged by them, he was entitled to under his grant.
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The president, managers and company of the Schuylkill Navigation Company brought an action on the case in this court against John Moore, to recover damages for drawing a greater quantity of water from their canal than, it was alleged by them, he was entitled to under his grant. The plaintiffs were incorporated by the act of 8th March 1815, with authority to use the water of the river Schuylkill for the purposes of navigation, and to grant out the water power for manufacturing purposes. Under this authority numerous grants were made. By indenture of bargain and sale, dated the 1st of February…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
The best construction is that which is made by viewing the subject of the contract, as the mass of mankind would view it; for it may be safely assumed 'that such was the aspect in w'hich'the parties themselves viewed it. A result thus obtained, is exactly what is obtained from the cardinal rule of intention; of which many instances might be adduced. By it, a tenant is restrained from changing the nature of the thing demised, even to the enhancement of its value. Equity has enjoined him from converting a corn-mill into a fulling-mill, and a…
2Cases cited1 opinion
- The United States v. TenbroekSupreme Court of the United States · 1817
3Cited by14 opinions
- Carnig v. CarrMassachusetts Supreme Judicial Court · 1897
- Dunham & Shortt v. KirkpatrickSupreme Court of Pennsylvania · 1882
- Rape v. Mobile & O. R. R.Mississippi Supreme Court · 1924
- Butler v. Charles Powers Estate ex rel. WarrenSupreme Court of Pennsylvania · 2013
- Flaherty v. FlemingWest Virginia Supreme Court · 1906
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