Anonymous
Supreme Court of Pennsylvania
This was an action on the case for obstructing a water-course, by which the plaintiff’s meadow was watered. On the trial, it appeared, that the defendant had purchased a mill, with notice that the vendor had before sold the meadow in question to the plaintiff, covenanting that the plaintiff might use the water, over and above what was necessary for the mill.
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This was an action on the case for obstructing a water-course, by which the plaintiff’s meadow was watered. On the trial, it appeared, that the defendant had purchased a mill, with notice that the vendor had before sold the meadow in question to the plaintiff, covenanting that the plaintiff might use the water, over and above what was necessary for the mill. The defendant obstructed the water-course ; and it seemed to have been his object, by so doing, to compel the plaintiff to sell the meadow to him.
1Opinion of the Court
On these facts, The Court recommended (with the concurrence of the *128counsel on both sides) that the defendant should do *an act of justice in securing to the plaintiff, by deed, the enjoyment of the water-course; but he obstinately rejected the proposition. The plaintiff’s counsel, thereupon, executed and filed a writing, by which they bound their client to release any damages that the jury might give, in case the defendant should execute such a deed as the court had proposed ; and the court advised the jury, on this condition, to find the full value of the meadow in damages ; which was,…
2Cases cited1 opinion
- Clyde v. ClydeSupreme Court of Pennsylvania · 1791