McGeorge v. Hoffman
Pennsylvania Court of Common Pleas, Delaware County
No. 124 July Term 1889, Sup. Ct.; court below, No. 74 March Term 1888, C. P. On February 14, 1888, William McGeorge, Jr., and others, executors and trustees under the will of Thomas Kent, deceased, brought trespass against Sellers Hoffman, to recover damages for the alleged unlawful maintenance of a mill dam by the defendant, at such a height as to injure the land of the plaintiffs and interfere with the operation of plaintiffs’ mills thereon.
Read the full summary
No. 124 July Term 1889, Sup. Ct.; court below, No. 74 March Term 1888, C. P. On February 14, 1888, William McGeorge, Jr., and others, executors and trustees under the will of Thomas Kent, deceased, brought trespass against Sellers Hoffman, to recover damages for the alleged unlawful maintenance of a mill dam by the defendant, at such a height as to injure the land of the plaintiffs and interfere with the operation of plaintiffs’ mills thereon. The defendant pleaded not guilty and the bar of the statute of limitations. At the trial on December 21, 1888, the following facts were shown: In 1812,…
1Opinion of the Court
Opinion,
Mr. Justice Clark :
The plaintiffs in this case, who are the executors and trustees under the will of Thomas Kent, deceased, represent the owners of the Union and of the Rockbourne Mills, the former on the north, and the latter on the south side of Darby creek, in Delaware county. The defendant is the owner of a mill below, on the same stream, and the complaint is, that the defendant’s dam backs the water of Darby creek into the tail-race of the plaintiffs’ mills, thereby impeding their successful operation.
Thomas Kent derived title to the Union Mills under the deed of Joseph Hibberd…
2Cases cited2 opinions
- Plank-Road Co. v. ThomasSupreme Court of Pennsylvania · 1852
- Gehman v. ErdmanSupreme Court of Pennsylvania · 1884
3Cited by4 opinions
- Oregon Construction Co. v. Allen Ditch Co.Oregon Supreme Court · 1902
- Costello v. HarrisSupreme Court of Pennsylvania · 1894
- Northern Indiana Power Co. v. CastorIndiana Court of Appeals · 1927
- Seem v. Henry, Pennsylvania Court of Common Pleas, Lehigh County1930