Fuoss v. Tipton Water Co.
Supreme Court of Pennsylvania
Appeal, No. 275, Jan. T., 1914, by defendant, from judgment of C. P. Blair Co., June T., 1914, No. 145, on verdict for plaintiff in case of Anna K. Fuoss, Anna C. Fuoss, William Fuoss, Jacob Fuoss, George H. Fuoss, Leonard Fuoss and John Fuoss v. The Tipton Water Company. Trespass for impairing plaintiffs’ water power. Before Baldrige, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for §8,264 and judgment thereon. Defendant appealed.
Read the full summary
Appeal, No. 275, Jan. T., 1914, by defendant, from judgment of C. P. Blair Co., June T., 1914, No. 145, on verdict for plaintiff in case of Anna K. Fuoss, Anna C. Fuoss, William Fuoss, Jacob Fuoss, George H. Fuoss, Leonard Fuoss and John Fuoss v. The Tipton Water Company. Trespass for impairing plaintiffs’ water power. Before Baldrige, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for §8,264 and judgment thereon. Defendant appealed. Errors assigned were various rulings of the trial judge referred to in the opinion of the Supreme Court.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This was an action of trespass brought by the plaintiffs against the Tipton Water Company, to recover damages for the appropriation by the defendant, under the power of eminent domain, of the waters of the stream known as Tipton run. The plaintiffs were the owners of a tract of ground containing sixteen or seventeen acres, located on Haggerty’s run or Little Juniata river, to which Tipton run was a tributary, flowing into it a short distance above plaintiffs’ property. A grist mill was erected upon plaintiffs’ land, which was run by water power obtained from…
2Cases cited1 opinion
- Peoples National Bank v. HazardSupreme Court of Pennsylvania · 1911
3Cited by4 opinions
- Sikorski v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1918
- Scott v. BergdollSupreme Court of Pennsylvania · 1921
- Sebree v. Huntingdon Water Supply Co.Superior Court of Pennsylvania · 1919
- Traders Securities Co. v. KalilSuperior Court of Pennsylvania · 1932