Humphreys v. Kelly
Supreme Court of Pennsylvania
This was a writ of error to the Court of Common Pleas of Delaware county, in an action on the case brought by the defendant in error, Dennis Kelly, against the plaintiff in error, Joshua Humphreys, to recover damages for diverting the water of Pont Reading Creek, from the plaintiff’s mills.
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This was a writ of error to the Court of Common Pleas of Delaware county, in an action on the case brought by the defendant in error, Dennis Kelly, against the plaintiff in error, Joshua Humphreys, to recover damages for diverting the water of Pont Reading Creek, from the plaintiff’s mills. On-the trial in the Court of Common Pleas, a great mass of evidence, both documentary and parol, was given, and thirteen legal propositions were submitted to that court, on which they were requested to instruct .the jury. Their answers to these propositions, their general charge to the jury, and their…
1Per curiam
It is unnecessary to express a distinct opinion on all the points propounded, as it clearly appears there is no error in any part of the record but one. Some of the points were even immaterial. The implication of a grant of the water-right from long enjoyment, for instance, or the supposed effect of the recitals in the different conveyances, was strictly so. When the original owner of the whole conveyed the mill tract, he impliedly conveyed a perpetual right to the watercourse in the land retained by him, so far as it was then enjoyed, as an actual appurtenance to the mill. It is clear too,…
2Cited by2 opinions
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