Campbell v. Hand
Supreme Court of Pennsylvania
Error to the Common Pleas of Luzerne county. This was an action of trespass on the case, by Elisha J. Hand, Chauncey Hand, Leonard White, doing business as Hand, White & Co., and J. White, against Charles B. Campbell. The material facts of the case were as follows :— - On the 5th of February 1844, Alexander Jeffreys was the owner of a tract of land and a grist-mill seat on the west side of the Lackawanna river.
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Error to the Common Pleas of Luzerne county. This was an action of trespass on the case, by Elisha J. Hand, Chauncey Hand, Leonard White, doing business as Hand, White & Co., and J. White, against Charles B. Campbell. The material facts of the case were as follows :— - On the 5th of February 1844, Alexander Jeffreys was the owner of a tract of land and a grist-mill seat on the west side of the Lackawanna river. The mill was built in 1832, and the dam, known in this case as the old dam, was finished in 1833 or 1834, and furnished the water to drive the mill. Matters so remained until the date…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
It is unessential, in order to a correct determination of this controversy, to become involved in a consideration of the binding effect of the original contract between Jeffreys and White, for the erection and maintenance of the dam in question, after the sale of the mill and interest of the former, in a judgment against him before its date. The learned judge of the special court, held the defendant bound to contribute for repairs if he claimed the benefits of the covenants, and they were conceded to him by the co-tenant. These were facts…
2Cases cited1 opinion
- Criswell v. ClughSupreme Court of Pennsylvania · 1834
3Cited by1 opinion
- Bald Eagle Valley Railroad v. Nittany Valley RailroadSupreme Court of Pennsylvania · 1895