Woodward v. Webb
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Elk county: Of January Term 1870, No. 401. This was an action on the case by Charles Webb against Hiram Woodward and Edward Yincent, brought April 7th 1869, for injury to the plaintiff’s mills by flooding water back on them. The plaintiff was the owner of two mills, one a grist-mill and the other a saw-mill, on Bennett’s Branch of the Sinnemahoning creek, and had owned and been in possession of them for thirty years.
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Error to the Court of Common Pleas of Elk county: Of January Term 1870, No. 401. This was an action on the case by Charles Webb against Hiram Woodward and Edward Yincent, brought April 7th 1869, for injury to the plaintiff’s mills by flooding water back on them. The plaintiff was the owner of two mills, one a grist-mill and the other a saw-mill, on Bennett’s Branch of the Sinnemahoning creek, and had owned and been in possession of them for thirty years. The two mills are within the stream and run upon the same level. Bennett’s Branch had been declared a public highway by Act of March 23d…
1Opinion of the Court
The opinion of the court was delivered, May 5th 1870, by
Thompson, C. J.
The plaintiff below claimed that what is known as the “ Slabtown Dam” injured his grist and saw mills, situate on the Bennett’s Branch of the Sinnemahoning, by setting the water back on his mill-wheels, and thus retarding their motion. This occurs when splash-floods are resorted to to carry logs and timber down the stream, and at no other times.
The dam is a portion of the works of the “ Bennett’s Branch *259Improvement Company.” The testimony is abundant and uncontradicted, that the company has had the control of the dam as…
2Cases cited3 opinions
- Susquehanna Canal Co. v. WrightSupreme Court of Pennsylvania · 1845
- Joyce v. SimsSupreme Court of Pennsylvania · 1795
- Passmore v. MottSupreme Court of Pennsylvania · 1809
3Cited by3 opinions
- Miller v. Hanover & McSherrytown Water Co.Supreme Court of Pennsylvania · 1913
- Sebree v. Huntingdon Water Supply Co.Superior Court of Pennsylvania · 1919
- Joyce v. SimsSupreme Court of Pennsylvania · 1795