Gumbert v. Wood
Pennsylvania Court of Common Pleas, Alleghany County
No. 91 October Term 1891, Sup. Ct.; court below, No. 745 December Term 1889, C. P. No. 1. Returnable to tbe first Monday of December, 1890, Robert R. Gumbert and others, partners as Gumbert & Huey, brought trespass against John A. Wood. On February 2, 1890, the record was amended by adding the name of Samuel Hazlett, assignee, as beneficial plaintiff. Issue.
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No. 91 October Term 1891, Sup. Ct.; court below, No. 745 December Term 1889, C. P. No. 1. Returnable to tbe first Monday of December, 1890, Robert R. Gumbert and others, partners as Gumbert & Huey, brought trespass against John A. Wood. On February 2, 1890, the record was amended by adding the name of Samuel Hazlett, assignee, as beneficial plaintiff. Issue. At the trial, on February 6, 1891, it was shown that, on November 2,1889, a number of coal boats, one of which loaded with coal belonged to Gumbert & Huey, and another to the defendant, were wrecked in the Ohio river, near a dyke opposite…
1Opinion of the Court
Per, Curiam :
"We see no error in the answer of the learned judge below to the plaintiffs’ second point. We think it needs no argument to show that the defendant had no right to destroy the coal boat of the plaintiffs, merely in the general interest of navigation. But if its location was such as to so obstruct navigation that the defendant could not pass it without seriously endangering the safety of his own property, he had the right to remove such obstruction. Nor do we find error in the answer to plaintiffs’ third point. The learned judge properly left it for the jury to find whether the…
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