Pastorius v. Fisher
Supreme Court of Pennsylvania
This was a special action on til case, brought by the plaintiff in error against the defendant in error, in the District Court for the city and county of Philadelphia, to recover damages for an injury done to the plaintiff’s land by the erection of a dam on the land of the defendant.
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This was a special action on til case, brought by the plaintiff in error against the defendant in error, in the District Court for the city and county of Philadelphia, to recover damages for an injury done to the plaintiff’s land by the erection of a dam on the land of the defendant. The injury complained of, which was specially set forth in the declaration, was, that the defendant had erected a mill dam upon his own land, which caused the water to flow back upon the land of the plaintiff, and made it so spongy and rotten,- that he could not erept buildings for the printing of calico, by…
1Opinion of the CourtGibson, C. J.
The principal point was determined in Alexan- ■ derv. Kerr, during the last term at Pittsburg, where it was held, that the law implies damage from flooding the ground of another, though it be in the least possible degree, and without actual prejudice; and the same principle was ruled at Sunbury, the term preceding, in a case the name of which is not recollected. But where the law implies the injury, it also implies the lowest damages, except in cases of personal injury, where damages are given, not to compensate, but to punish. Here, however, it is said, the plaintiff undertook to prove…
2Cited by20 opinions
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