E. S.
For the Southern Literary Messenger.
IMPORTANT LAW CASE IN A SISTER STATE, INVOLVING QUESTIONS OF SCIENCE.
[Communicated by P. A. Browne, Esq. of Philadelphia.]
On the Easterly side of the beautiful river Schuylkill, about seven miles north of the city of Philadelphia, stands the flourishing town of MANYUNK. Only a few years ago there was not a house to be seen there, and nothing disturbed the stillness of nature but the singing of the birds, the lowing of the herds, and the gentle ripling of the river as its waters glided towards the ocean; but now it has become the habitation of thousands of human beings, the seat of numerous manufactories, and a striking example of the rapid improvements in American industry and the arts. The whole of this change has been wrought by improving the navigation of the Schuylkill: by raising the Fairmount and other dams, sufficient water has been provided, not only for all the purposes of canaling and watering the city of Philadelphia, but the company, incorporated by law for that purpose, have found at their disposal an immense water power, which they sell and rent to the best advantage.
Among the number of enterprising citizens who availed themselves of these advantages was Mr. Mark Richards, a gentleman advantageously known and esteemed in the mercantile as well as the manufacturing world.
On the 1st of February, 1830, the Schuylkill navigation company made a deed to John Moore, in which it was recited that on the 3d day of November, 1827, Mark Richards had agreed with the company for the purchase of a lot of ground at Manyunk therein described; that on the 25th of January, 1828, he, the said Mark, had agreed to purchase of the company 100 inches of water power at flat-rock canal, at the annual rent of $6 per inch; and on the 13th of March, 1828, 200 inches of water power at the same rate, which water power was to be granted on the usual conditions, and subject to the former grants by the company of water power. That on the 4th of June, 1830, Richards and wife had granted the said lot and "the aforesaid water power of 300 inches of water" to Moore. It further recited that Richards had requested the grant of the company to be made to Moore, he Richards having paid the whole rent, amounting to $1840 per annum up to that time. Then follows the grant of the lot, together with the privilege of drawing from the canal through the forebay, at all times thereafter forever, "SO MUCH WATER AS CAN PASS through two metalic apertures, one of 50, and the other of 250 square inches, under a head of three feet." To have and to hold "the quantity of 300 SQUARE INCHES OF WATER," in manner aforesaid. Moore covenanted at his expense to erect and support the two metalic apertures, one of 50, and the other of 250 square inches, through which the said 300 inches of water, under a three feet head, "is to pass." The company reserving to themselves the right to enter upon the premises for the purpose of examining "the size of the apertures."
Mr. Moore having ascertained that by applying two plain simple metalic apertures of the given sizes, he was not able to draw the same quantity in square inches of water, but only 65 and 2/3d per cent. of the amount, he therefore applied the adjutages described by Professor Venturi; and for these applications, which were alleged to be a breach of the contract, an action was instituted in the Supreme Court of Pennsylvania.
It will be perceived that this case involved not only important principles of law, but interesting inquiries in hydrodynamics, to aid in the discussion of which, large draughts were made upon the scientific attainments of the accomplished bar of Philadelphia. For the plaintiff were engaged John Sergeant and Horace Binney, Esquires; but the absence of the latter gentleman at Congress, occasioned the retaining of C. Chauncey, Esquire; for the defendants were Joseph R. Ingersol and Peter A. Browne, Esquires.