Cole v. P. & L. E. R. R.

Opinion by

Pakker, J.:

The plaintiff brought an action of ejectment for land in Lawrence County located on the Mahoning River. This stream was originally known by the name Big Beaver Run, later by the name Mahoning Creek, and now is called Mahoning River. At the time of the grant of the land in question by the Commonwealth, the stream was not a navigable river in fact, but later was declared navigable by act of assembly. See Coovert v. O’Conner, 8 Watts 470, 477. Plaintiff and defendant claim from a common source of title, such source being the grantor in the deed to defendant. The solution of…