The Southern Literary Messenger, Volume I., 1834-35Various
General
The Southern Literary Messenger, Volume I., 1834-35
Various
American literature -- 19th century -- Periodicals
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 {45}
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.
The cause occupied several days, during which time the court house was
continually crowded with an intelligent audience.
The questions were, first, whether the granter was confined to the use
of _simple_ apertures of the dimensions mentioned in the deed, when it
was apparent from the opinions of men of science, and from the
experiments made before the jury, that through such openings it was
not possible for him to draw more than 65 and 2/3d per cent. of the
water contracted for, (it being a law of nature that when a fluid is
drawn from a simple aperture or opening, the stream or vein is
contracted so as to form the figure of a cone;) or whether the grantee
was entitled, at all events, to his 300 inches of water, and had a
right to affix adjutages to overcome this law of nature, and restore
things to the state they were supposed to be in by the parties, if,
when they contracted, they were ignorant of this principle. Second.
The defendant having contracted for as much water as "_can pass_"
through metalic apertures of given sizes, whether he was entitled,
provided he did not increase the size of the openings, nor increase
the head, so to adjust the adjutages as to draw _more_ water than 300
square inches; for it was proved by another set of experiments that,
by reason of the adjutages at the defendant's mill, he had contrived,
not only to overcome the _vena contracta_ or contracted vein, but to
draw off more water than would have passed through a plain opening if
the vena contracta did not exist.
Public-domain text, read in full here on John Shaqi.
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