Appeal of Douglass
Supreme Court of Pennsylvania
EROM THE DECREE OE THE COURT OE COMMON PLEAS OE WESTMORELAND COUNTY. No. 131 October Term 1887, Sup. Ct.; court below,' No. 135 in equity.
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EROM THE DECREE OE THE COURT OE COMMON PLEAS OE WESTMORELAND COUNTY. No. 131 October Term 1887, Sup. Ct.; court below,' No. 135 in equity. On April 10, 1885, Eli Suter filed a bill in equity against James E Douglass, George McCowan and Robert Abercrombie, averring that under the authority of an act of the legislature the plaintiff for thirty-five years and upwards had kept and maintained a ferry across the Youghiogheny river at Suter’s saw-mill in Sewickley township, and that the defendants within three months past had unlawfully and injuriously kept and maintained boats and other crafts for…
1Opinion of the Court
Opinion,
Mr. Justice Paxson:
This case has been so fully discussed by the learned master and the court below that but little needs to be added.
We start out with the admission by the appellants that the grant to appellee of ferry privileges by the act of March 14, 1850, is an exclusive one between '-the termini named on the waters of the Youghiogheny river. We have the further fact, found by the master, and not denied, that the appellants have no grant of ferry rights from the legislature, there or elsewhere. We have the additional fact that the appellee has for about thirty-five years…
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