Good v. Mylin
Supreme Court of Pennsylvania
In error from the Court of Common Pleas of Lancaster county. May 11. This was an action on the case, by Christian B. Mylin against Joseph Gooch The declaration contained two counts. In the first, the cause of action was thus stated:— “ Joseph Good, late of said county, was summoned to answer Christian B. Mylin, of a plea of trespass on the case, &c.
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In error from the Court of Common Pleas of Lancaster county. May 11. This was an action on the case, by Christian B. Mylin against Joseph Gooch The declaration contained two counts. In the first, the cause of action was thus stated:— “ Joseph Good, late of said county, was summoned to answer Christian B. Mylin, of a plea of trespass on the case, &c. Whereupon the said Christian complains, for that whereas he the said Christian, on the 1st day of August, in the year of our Lord 1846, and from thence hitherto, was and still is, seised in his demesne as of fee, of and in a certain close of about…
1Opinion of the CourtGibson, C. J.
The cause of action set out in the first count of the declaration, is an injury from flooding by erecting a dam of a particular height and length across the stream of a creek; in the second, it is an injury from flooding by an additional dam erected, “higher than the same was used or ought to be, on and across the same stream of water.” In cases of the sort, the injury is a consequence which must be shown to have been produced by a specific cause; for it is apparent, from the precedents, that it would be too general to lay the flooding as a consequence, without more; and if the plaintiff is…
2Cases cited2 opinions
- Wilt v. VickersSupreme Court of Pennsylvania · 1839
- Keith v. KreidelWashington Supreme Court · 1892
3Cited by9 opinions
- J. J. White, Inc. v. Metropolitan Merchandise Mart, Inc.Superior Court of Delaware · 1954
- Poskin v. TD Banknorth, N.A.District Court, W.D. Pennsylvania · 2009
- Becker v. Borough of Schuylkill HavenSuperior Court of Pennsylvania · 1963
- Martachowski v. OrawitzSuperior Court of Pennsylvania · 1900
- Borens v. KrywoshyjaSuperior Court of Pennsylvania · 1962
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