Schuylkill & Susquehanna Navigation v. Decker
Supreme Court of Pennsylvania
THE President, Managers and Company of the Schuylkill and Susquehanna Navigation, on the 2d of April 1794, made application, in pursuance of the provisions of their charter of incorporation, for a writ of ad quod damnum, directed to the sheriff of Dauphin county, to be served on Jacob Decker, the owner of lands through which the Company contemplated to locate their canal. The writ was immediately granted, executed, and an inquisition returned.
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THE President, Managers and Company of the Schuylkill and Susquehanna Navigation, on the 2d of April 1794, made application, in pursuance of the provisions of their charter of incorporation, for a writ of ad quod damnum, directed to the sheriff of Dauphin county, to be served on Jacob Decker, the owner of lands through which the Company contemplated to locate their canal. The writ was immediately granted, executed, and an inquisition returned. There was no further proceeding until June 7th 1827, when a motion was made by Thomas Elder, Esq., on behalf of Valentine Urich, for a rule to show…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C; J.—To
the parties proposed to be made defendants, it is a decisive objection that they have not a title to the damages, which, beiDg in compensation of an injury in the nature of a trespass, could not pass by a conveyance of the land. In like manner the conveyance of a party wall does not entitle the grantee to contribution from the adjoining owner, it being held in Hart v. Kucher, 5 Serg. & Rawle 1, that the claim is satisfied by payment to the first builder, though the purchaser had not notice of it; and on the same principle, it was held…
2Cases cited1 opinion
- Hart v. KucherSupreme Court of Pennsylvania · 1818
3Cited by9 opinions
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- Kaufmann v. PittsburghSupreme Court of Pennsylvania · 1915
- Bailey v. United StatesUnited States Court of Federal Claims · 2007
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