Bird v. Smith
Supreme Court of Pennsylvania
ERROR to the common pleas of Luzerne comity. Amos Y. Smith against Abraham Bird. This was an action on tl e case to recover damages for disturbing the plaintiff’s right uninterruptedly to navigate across the Susquehanna river at his ancient ferry. The plaintiff was a lessee of Lucy Jenkins, and on the trial the lessor was offered as a witness by the plaintiff. The defendant objected to her competency, but the court overruled the objection and sealed a bill of exception.
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ERROR to the common pleas of Luzerne comity. Amos Y. Smith against Abraham Bird. This was an action on tl e case to recover damages for disturbing the plaintiff’s right uninterruptedly to navigate across the Susquehanna river at his ancient ferry. The plaintiff was a lessee of Lucy Jenkins, and on the trial the lessor was offered as a witness by the plaintiff. The defendant objected to her competency, but the court overruled the objection and sealed a bill of exception. The important question which arose in the cause, arose from exceptions to the opinion of the court, which is here inserted…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Some of the points presented are comparatively unimportant; and as it is intimated that the cause has not been brought here merely for reversal, we have turned our attention particularly to those which involve principles of right.
Over the surface of a public river, riparian owners have no peculiar right. Such is the principle of Carson v. Blazer and Shrunk v. The Schuylkill Navigation Company, which seem to have put the public rights of navigation and fishery on the same footing. The right of navigation, transverse or otherwise, being…
2Cases cited3 opinions
- Alexander v. KerrSupreme Court of Pennsylvania · 1828
- Chess v. ManownSupreme Court of Pennsylvania · 1834
- Dailey v. AverySupreme Court of Pennsylvania · 1818
3Cited by13 opinions
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- Braddock Jones, in Error v. James G. SoulardSupreme Court of the United States · 1861
- Coburn v. AmesCalifornia Supreme Court · 1877
- Chambers v. FurrySupreme Court of Pennsylvania · 1792
- Thompson v. Germania Life InsuranceSupreme Court of Minnesota · 1906
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