Costello v. Harris
Supreme Court of Pennsylvania
Appeal, No. 312, Jan. T., 1894, by-plaintiff, from judgment of C. P. Susquehanna Co., Aug. T., 1885, No. 406, on verdict for defendants. Ejectment for tract of land in Auburn township. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 312, Jan. T., 1894, by-plaintiff, from judgment of C. P. Susquehanna Co., Aug. T., 1885, No. 406, on verdict for defendants. Ejectment for tract of land in Auburn township. The facts appear by the opinion of the Supreme Court. When Milton Harris was on the stand defendants made this offer: “ We propose to prove by the witness that Milton Harris and those that claim under him have used the different dams continuously for forty-five years, that they have maintained gates from year to year upon it which were opened and closed a great many times. We propose to show the continuous use…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
We gather from the evidence in this case the following facts: Many years ago Thomas P. Cope was the owner of a considerable body of land in Susquehanna county. He caused it to be surveyed into lots for farms and offered these lots for sale to settlers. Some sixty or seventy years ago one of these lots became the property of Milton Harris who built, a sawmill and a gristmill upon a stream which ran through it. To secure a sufficient water-power he went up the stream and upon another lot belonging to Cope built a dam that flowed about twenty-seven acres of Cope’s…
2Cases cited2 opinions
- Gehman v. ErdmanSupreme Court of Pennsylvania · 1884
- McGeorge v. Hoffman, Pennsylvania Court of Common Pleas, Delaware County1890
3Cited by4 opinions
- Deppen v. BogarSuperior Court of Pennsylvania · 1898
- Green v. SimpsonSuperior Court of Pennsylvania · 1912
- Ariel Land Owners, Inc. v. DringCourt of Appeals for the Third Circuit · 2010
- Ariel Land Owners, Inc. v. DringCourt of Appeals for the Third Circuit · 2010