Lindeman v. Lindsey
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cumberland county: No. 68, to May Term 1871. This was an action on the case “for infringement of water-right,” brought September 8th 1869, by Thomas Lindsey against Jacob Lindeman and George Eishel. The declaration contained six counts; it set out that the plaintiff owned a fulling-mill and had the right to the water of the Conodoguinet creek, by which his mill was propelled.
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Error to the Court of Common Pleas of Cumberland county: No. 68, to May Term 1871. This was an action on the case “for infringement of water-right,” brought September 8th 1869, by Thomas Lindsey against Jacob Lindeman and George Eishel. The declaration contained six counts; it set out that the plaintiff owned a fulling-mill and had the right to the water of the Conodoguinet creek, by which his mill was propelled. And averred: 1. That the defendants by running a grist-mill “ diverted and took away the water properly belonging to the fulling-mill.” 2. That defendants took for their mill more…
1Opinion of the Court
The opinion of the court was delivered, May 25th 1871, by
Sharswood, J.
Seven points were presented by the plaintiff in error to the learned judge below, and thirteen errors have been assigned here. All these assignments may be disposed of by the consideration of two questions, neither of which seems to us to present any serious difficulty. The first is, What was the legal right of the plaintiff below ? And the second, If his right was infringed, did he adopt the proper form of action as his remedy to enforce it ? Every other question in the cause appears to have been a question of fact for the…
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