Bitting's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Berks county: In Equity: Of January Term, 1883, No:'180. This was an appeal by Annie M. Bitting and James Edward Bitting, minor children of Jacob Daniel Bitting, deceased, by their next friend and guardian, Henry Fegley, and Sarah Ann Bitting, widow of said Jacob Daniel Bitting, deceased, from a 'decree of said court, sustaining a demurrer to, and dismissing a.bill in equity filed by them against George Frill, praying for an'…
Read the full summary
Appeal from the Court of Common Pleas of Berks county: In Equity: Of January Term, 1883, No:'180. This was an appeal by Annie M. Bitting and James Edward Bitting, minor children of Jacob Daniel Bitting, deceased, by their next friend and guardian, Henry Fegley, and Sarah Ann Bitting, widow of said Jacob Daniel Bitting, deceased, from a 'decree of said court, sustaining a demurrer to, and dismissing a.bill in equity filed by them against George Frill, praying for an' injunction to restrain the defendant from disturbance of a water right, as to which the defendant’s land was servient to the…
1Opinion of the CourtJustice Gordon
The effect of the demurrer was to admit all the material allegations of the plaintiff’s hill. Such being the case, the right of the plaintiffs to have and use, for the purposes of irrigation, the waters of Angelica Creek, through the race or faces on the north side thereof, every sixth and seventh day of the week, from the 1st of April until the 15th of August, in each and every year, as well as the right of entry on the lands formerly of Jacob Kurtz, now of the defendant, at the times mentioned, for the purpose of opening the gates or sluices necessary to turn the water upon their meadows,…
2Cited by8 opinions
- Sullivan v. Jones & Laughlin Steel Co.Supreme Court of Pennsylvania · 1904
- Walters v. McElroySupreme Court of Pennsylvania · 1892
- Kramer v. SlatterySupreme Court of Pennsylvania · 1918
- Berkey v. Berwind-White Coal Mining Co.Supreme Court of Pennsylvania · 1908
- Bussier v. WeekeySuperior Court of Pennsylvania · 1897
3 more not listed; retrieve them via the Exa API.