Reports of Cases Adjudged in the Supreme Court of Pennsylvania, Vol. 14 (Classic Reprint)
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Partner: | buecher.de |
Hersteller: | Forgotten Books (Sergeant, Thomas) |
Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from Reports of Cases Adjudged in the Supreme Court of Pennsylvania, Vol. 14 By the erection of Fairmount dam, in the river Schuylkill, a rock just below the dam, that had formerly been private property, and above low water mark, became surrounded at all times by water, and was dry only at low tide, and a few hours before and after: held, that it still remained the property of the former owner, and that it was not common property, where all persons might stand and fish with hoop nets. Robert Shaw and others, defendants, were indicted in the Court of Quarter Sessions of Philadelphia county, for a riot, and the indictment being removed to this court by certiorari, was tried before Mr. Justice Gibson, at Nisi Prius, and the defendants were convicted. It now came before the court, on a motion by the defendants for a new trial, on the ground of a misdirection by the judge, in his charge to the jury. The material facts on which the charge was given, were stated to be as follows; The place where the riot happened, was at and near a rock in the navigable water in the river Schuylkill, just below the dam near Fairmount. Before the erection of that dam, the rock stood on the main land, on the western side of the river, being above the low water mark, and part of the estate of Phoebe Emlen, by a lease from whom, the said Robert Shaw claimed. But in consequence of the erection of the dam, the land between the rock and what is now the fast land was washed away, and the rock itself is overflowed, except at low water, and some hours before and after it. 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.
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