Reports of Cases Adjudged in the Supreme Court of Pennsylvania, Vol. 7

Download or read book Reports of Cases Adjudged in the Supreme Court of Pennsylvania, Vol. 7 written by Frederick Watts and published by . This book was released on 2015-07-11 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Reports of Cases Adjudged in the Supreme Court of Pennsylvania, Vol. 7: Containing the Cases Decided in Part of March Term, in May Term, July Term and Part of September Term, 1844 The reversioner of the freehold after a tenancy for years may maintain an action on the case against one who erects a dam on the adjacent ground, and backs the water of the stream into the plaintiff's race. Case lies for a present injury to the freehold; and the law implies damage from flooding the ground of another, though it be in the least possible degree, and without actual prejudice. Error to the Common Pleas of Chester county. George W. Sergeant brought this action on the case to February term 1843, against Joseph Ripka and Thomas P. Wollaston, and complained that by a dam erected by them on White Clay Creek, they raised the water so as to flood the plaintiff's land, and obstruct the wheel of his mill above. The second count stated that the premises were under lease to a tenant at the time the injury was done; and the damages were laid to be lessening the profits of the plaintiff's mill, so that the tenant was unable to pay rent, and the plaintiff's ground was flooded and overflowed. The defendants denied that any ground was injured by the overflowing; nor did that appear, except that the water was backed up the stream, beyond the plaintiff's line and into his race, so as to clog the wheels. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.