Wainwright v. McCullough
Supreme Court of Pennsylvania
Error to tbe District Court of Allegheny county: No. 98, to October and November Term 1868. This was an action of ejectment, commenced September 16th 1867, by Zachariah Wainwright against Michael McCullough, for “a piece of land in the borough of Lawrenceville, Allegheny county, bounded on the south-westwardly side by the land of the defendant, formerly of Mrs. Elizabeth F. Denny, on the southeastwardly side by the north-westwardly low water line (the low water line next…
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Error to tbe District Court of Allegheny county: No. 98, to October and November Term 1868. This was an action of ejectment, commenced September 16th 1867, by Zachariah Wainwright against Michael McCullough, for “a piece of land in the borough of Lawrenceville, Allegheny county, bounded on the south-westwardly side by the land of the defendant, formerly of Mrs. Elizabeth F. Denny, on the southeastwardly side by the north-westwardly low water line (the low water line next Wainwright’s, formerly Cork’s Island) purporting to have been fixed by commissioners appointed under an Act of Assembly,…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1870, by
Agnew, J. —
This cause comes before us upon a single but important question. The court below ruled the case upon the effect of the low and high water lines as established by commissioners under Act of 16th April 1858, Pamph. L. 326, which excluded the plaintiff from the land described in his writ, and prevented his recovery. In order to arrive at the legal effect of the lines established by the commissioners under that act, we must ascertain its true purpose; and to reach this, it becomes necessary to examine the navigable character of…
2Cases cited2 opinions
- Ball v. SlackSupreme Court of Pennsylvania · 1837
- Zimmerman v. Union Canal Co.Supreme Court of Pennsylvania · 1841
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- Rose v. Mitsubishi International Corp.District Court, E.D. Pennsylvania · 1976
- Southwest Pennsylvania Pipe Lines v. Rodgers Sand Co.Superior Court of Pennsylvania · 1910