Union Canal Co. v. Landis
Supreme Court of Pennsylvania
CER TIORJ1RI \o the quarter sessions of Dauphin county. Christian Landis and wife against the Union Canal Company. This proceeding was founded upon the following petition.
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CER TIORJ1RI \o the quarter sessions of Dauphin county. Christian Landis and wife against the Union Canal Company. This proceeding was founded upon the following petition. “The petition of Christian Landis and Elizabeth Landis, his vlife, of Derry township in said county, respectfully represents:—• “That in the year 1800 and long before, Christian Bear, of said township, was seised in his demesne, as of fee of and in the following described real estate situate in the said township, and bounded and described as follows, to wit: Beginning at a post on the bank of the Swatara creek (or river),…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The commonwealth having dominion over navigable streams, and having a consequent right to dispose of them at pleasure, declared the Swatara a public highway in 1771; and thus it was devoted to public use. In 1800, an act was passed, by which was granted to Christian Bear, from whom the complainants derive their title, authority to erect and maintain a dam across that stream-, “provided the rights of every person whomsoever, shall remain *233inviolate and unaffected by this act, especially that the privileges granted to Adam Hamaker, and the…
2Cited by4 opinions
- The People v. . the Canal AppraisersNew York Court of Appeals · 1865
- McManus v. CarmichaelSupreme Court of Iowa · 1856
- Monongahela Navigation Co. v. CoonsSupreme Court of Pennsylvania · 1843
- Braddock Jones, in Error v. James G. SoulardSupreme Court of the United States · 1861