McKeen v. Delaware Division Canal Co.
Supreme Court of Pennsylvania
Error to the Common Pleas of Northampton county. This was an action on the case by James McKeen against The Delaware Division Canal Company of Pennsylvania, to recover damages for injuries alleged to have been sustained by plaintiff in consequence of the wrongful acts of the defendants, by which he was deprived of the free use of the water to and for his sawmill.
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Error to the Common Pleas of Northampton county. This was an action on the case by James McKeen against The Delaware Division Canal Company of Pennsylvania, to recover damages for injuries alleged to have been sustained by plaintiff in consequence of the wrongful acts of the defendants, by which he was deprived of the free use of the water to and for his sawmill. The particular injury complained of was the causing the water to flow back into plaintiff’s tail-race by means of a dam. The plaintiff’s right to the use of this water-power, and the alleged injury sustained by him, was variously…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
The navigation of the river Lehigh was improved under two acts of the legislature — March 20th 1818, and February 13th 1822. This improvement, made at first by Josiah White, George F. A. Hauto, and Erskine Hazard, became vested in the Lehigh Coal and Navigation Company. One of the rights of the company was to use all the water from the river and works constructed by them, to propel machinery, and to sell to others to be used. The plaintiff is a purchaser, and has used a certain quantity of water from the company’s canal many years, and his…
2Cases cited9 opinions
- The West River Bridge Company v. DIXSupreme Court of the United States · 1848
- Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
- Case of "the Philadelphia & Trenton Rail Road"Supreme Court of Pennsylvania · 1840
- Monongahela Navigation Co. v. CoonsSupreme Court of Pennsylvania · 1843
- Carson v. BlazerSupreme Court of Pennsylvania · 1810
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3Cited by3 opinions
- Black v. American International Corp.Supreme Court of Pennsylvania · 1919
- Lehigh Falls Fishing Club v. AndrejewskiSuperior Court of Pennsylvania · 1999
- Commonwealth, Department of Environmental Protection v. Espy, Pennsylvania Court of Common Pleas, Huntingdon County2007