Messinger's Appeal
Supreme Court of Pennsylvania
Appeal form the Court of Common Pleas of Northampton county, in equity: Of January Term 1886, No. 107. Bill in equity, in which Samuel S. Messinger, Mann & Allshouse, Jacob Walter, J. S. Rodenbough & Co., and William Zuch were complainants, and Hiram Uhler, Emanuel Uhler, and Jeremiah Jones were defendants, praying for an injunction to restrain the defendants from diverting the waters of a creek to the injury of the defendants, who were the owners of mills on the creek below…
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Appeal form the Court of Common Pleas of Northampton county, in equity: Of January Term 1886, No. 107. Bill in equity, in which Samuel S. Messinger, Mann & Allshouse, Jacob Walter, J. S. Rodenbough & Co., and William Zuch were complainants, and Hiram Uhler, Emanuel Uhler, and Jeremiah Jones were defendants, praying for an injunction to restrain the defendants from diverting the waters of a creek to the injury of the defendants, who were the owners of mills on the creek below the point of diversion. The facts, as found by Howard J. Reeder, Esq., the Master, were as follows : About the year…
1Opinion of the CourtChief Justice Mercur
This is an attempt to enjoin the appellees against the use of the water of a small stream, which flows through their lands. It unites with another stream of about the same size, in forming the larger one on which the appellants own lands and mills some six miles below the junction of the two smaller streams. The complaint is that the appellees so use the water of the stream on their lands, as to greatly lessen the flow thereof, during a portion of the year, to the mills of the appellants, to their injury. That such is now the effect of the appellees’ use,of the water, in a dry season, when…
2Cases cited2 opinions
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- Hoy v. SterrettSupreme Court of Pennsylvania · 1834
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- Nauman v. KopfSuperior Court of Pennsylvania · 1930
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