Bartolett v. Dixon
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Chester county: No. 42, to January Term 1873. This was an action on the case brought to October Term 1871, by John Bartolett against John W. Dixon. The declaration was that the defendant had raised and maintained a dam on his land too high, by reason of which the water flowed back upon the plaintiff’s land.
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Error to the Court of Common Pleas of Chester county: No. 42, to January Term 1873. This was an action on the case brought to October Term 1871, by John Bartolett against John W. Dixon. The declaration was that the defendant had raised and maintained a dam on his land too high, by reason of which the water flowed back upon the plaintiff’s land. The following agreement was filed in the case: — ■ “ It is agreed that all matters in variance between the parties in this cause be referred to Elijah F. Pennypacker, Enoch Harlan and George Walter, who shall go upon the ground, examine the same, hear…
1Opinion of the Court
The opinion of the court was delivered, March 17th 1873, by
Mercur, J.
This was an. action on the cas.e for raising the defendant’s dam too high, and setting back the water upon plaintiff’s land.
The parties agreed to refer all matters in variance between them to three persons named, the award of any two of them to be final.
The report signed by two of the arbitrators shows that all three of them met the parties and their counsel upon the 28th October 1871, went upon the ground, examined the premises, heard the evidence and allegations of the parties, and then adjourned to meet on the 16th…
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