Poor v. McClure
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county: Of ' October and November Term 1873, No. 97. This was an action of trespass, q. c. f., brought January 2d 1373, by Levi Poor, John W. Dunn and W. J. Poor, against W. G. McClure. The plaintiffs declared for tearing down a fence, &c., on the locus in quo.
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Error to the Court of Common Pleas of Allegheny county: Of ' October and November Term 1873, No. 97. This was an action of trespass, q. c. f., brought January 2d 1373, by Levi Poor, John W. Dunn and W. J. Poor, against W. G. McClure. The plaintiffs declared for tearing down a fence, &c., on the locus in quo. The defendant pleaded not guilty, and pleaded specially, that at the time of the committing of the alleged trespasses, the title to the locus in quo was not in the plaintiffs, but in the city of Pittsburg. On the trial, January 22d 1872, before Starrett, P. J., it appeared : — • That on…
1Opinion of the CourtChief Justice Agnew
That the Allegheny river is a navigable stream, and was so recognised before the year 1798, has been shown in Wainwright v. *218McCullough, 13 P. F. Smith 66. The Act of 21st March 1798 was but declarative of the fact, as to the Ohio and Allegheny; its manifest purpose being to reach and declare the large tributaries of these rivers navigable streams, viz.: the Rig Beaver, emptying into the Ohio, and French creek, Conewango, Cassawanga, Little Conneaut, Toby’s, Oil, Brokenstraw and Red Bank creeks, tributaries of the Allegheny. In the early history of the state, the Allegheny was known as the…
2Cases cited2 opinions
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- Smith v. CrawfordSupreme Court of Pennsylvania · 1793
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- Snowden v. LoreeU.S. Circuit Court for the District of Western Pennsylvania · 1902
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