Legal Opinion

Klaer v. Ridgway

Supreme Court of Pennsylvania

Decided May 6, 1878PublishedCited by 23 opinions

Error to the Court .of Common Pleas of Pike county: Of July Term 1877, No. 122. Case by Jacob Klaer against Warren K. and George K. Ridgway, to recover damages for the diversion of water from a run, to the injury of the grist-mill of plaintiff. ■ At the trial it appeared that, in 1866, John C. Mott was the owner of a tract of land at Milford, in Pike county, lying along the Sawkill creek, on which, was erected a grist-mill and saw-mill, which were supplied with power by a…

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Error to the Court .of Common Pleas of Pike county: Of July Term 1877, No. 122. Case by Jacob Klaer against Warren K. and George K. Ridgway, to recover damages for the diversion of water from a run, to the injury of the grist-mill of plaintiff. ■ At the trial it appeared that, in 1866, John C. Mott was the owner of a tract of land at Milford, in Pike county, lying along the Sawkill creek, on which, was erected a grist-mill and saw-mill, which were supplied with power by a small dam across the Sawkill on his land, which turned the water into a dug-race along the bank, from which a flume at the…

1Opinion of the CourtJustice Paxson

The assignments of error from one to eight inclusive, raise substantially the same question and may be considered together. In each of them the complaint is that the court below erred in its construction of the deeds from John C. Mott to the plaintiff.

At the time of the execution and delivery of the deed of September 22d 1866, Mott was the owner of two mills, a grist-mill and a saw-mill. Prior to that date he had leased to the plaintiff a piece of ground for a spoke-factory. All of these mills were supplied *533Avith water from the Sawkill creek. On the day above mentioned Mott conveyed to the…

2Cited by23 opinions

  1. Wilkes-Barre Township School District v. CorganSupreme Court of Pennsylvania · 1961
  2. New Charter Coal Co. v. McKeeSupreme Court of Pennsylvania · 1963
  3. Heidt v. Aughenbaugh Coal Co.Supreme Court of Pennsylvania · 1962
  4. Sheffield Water Co. v. Elk Tanning Co.Supreme Court of Pennsylvania · 1909
  5. Bundy v. MyersSupreme Court of Pennsylvania · 1953

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