McCoy v. Danley
Supreme Court of Pennsylvania
Error, to the Common Pleas of Washington county. This was an action brought to August Term, 1847, by Daniel McCoy v. William Danley. It was an action on the case for the continuance of a nuisance. After the suit was brought, William Danley died, and his administrators were substituted.
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Error, to the Common Pleas of Washington county. This was an action brought to August Term, 1847, by Daniel McCoy v. William Danley. It was an action on the case for the continuance of a nuisance. After the suit was brought, William Danley died, and his administrators were substituted. To August Term, 1844, Daniel McCoy brought his action against 'the defendant, William Danley, to recover damages for an injury done to the plaintiff’s land by back water from a mill-dam erected on defendant’s premises. In that suit the plaintiff recovered a yerdict and judgment. t The defendant having neglected…
1Opinion of the Court
The opinion of the Court was delivered by
Black, C. J.
This was an action on the case for erecting a dam by which the water of the stream was penned back so as to overflow the plaintiff’s land above. Evidence was offered to show the injury which had- been caused by the structure at times of ordinary and natural rises in the stream; at regular and periodical rises; at times of high water occurring at the usual flood seasons ; and at times of ordinary and common freshets. All this was rejected, and the Court held in the charge that there could be no recovery except for damage done by swelling…
2Cases cited1 opinion
- Bell v. M'ClintockSupreme Court of Pennsylvania · 1839
3Cited by6 opinions
- Ellis v. Academy of MusicSupreme Court of Pennsylvania · 1888
- Standard Plate Glass Co. v. Butler Water Co.Superior Court of Pennsylvania · 1897
- Ganster v. Metropolitan Electric Co.Supreme Court of Pennsylvania · 1906
- Drew v. HicksCalifornia Supreme Court · 1894
- Michigan Paper Co. v. Kalamazoo Valley Electric Co.Michigan Supreme Court · 1905
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