Butz v. Ihrie
Supreme Court of Pennsylvania
This case came on for trial before the Chief Justice in the Circuit Court of Northampton county, at Easton, on the 11th of JLpril, 1828. The action was originally instituted in the Court of Common Pleas, of Northampton county, on the 8th of November, 1826, by David Butz, and Daniel ¡V. Butz, against Peter Ihrie the elder, to recover damages for a' nuisance caused by the defendant in the erection of a division dam, which, it was alleged, made the waters of the Bushleiln creek…
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This case came on for trial before the Chief Justice in the Circuit Court of Northampton county, at Easton, on the 11th of JLpril, 1828. The action was originally instituted in the Court of Common Pleas, of Northampton county, on the 8th of November, 1826, by David Butz, and Daniel ¡V. Butz, against Peter Ihrie the elder, to recover damages for a' nuisance caused by the defendant in the erection of a division dam, which, it was alleged, made the waters of the Bushleiln creek flow back upon tbe land of the plaintiffs, and injure their saw-mill, and grist-mill. On the 15th of January, 1827, the…
1Opinion of the Court
The opinion of the court was delivered by
Tod, J.
It is the. unanimous opinion of the court to affirm the judgment. The question chiefly argued by the counsel has been, whether the case is affected by the act of limitations, or by analogy to it? '
The plaintiff alleges an injury by a dam erected by the defendant in a stream, called the Bushkiln, throwing the water upon his, the plaintiff’s land, and injuring his grist-mill. The defendant insisted that when the suit was brought, no water at all had been raised upon the plaintiff’s property by rneáns of the dam; he admits that, after the suit was…
2Cited by15 opinions
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- Yeakle v. NaceSupreme Court of Pennsylvania · 1837
- Townsend v. . McDonaldNew York Court of Appeals · 1855
- Lindeman v. LindseySupreme Court of Pennsylvania · 1871
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