Fessler v. Schuylkill Haven Gas & Water Co.
Superior Court of Pennsylvania
Appeal, No. 311, Oct. T.,. 1917, by defendant; from judgment of C. P. Schuylkill Co., Nov. T., 1914, No. 89, on verdict for plaintiff in case of Josiah Fessler v. Schuylkill Haven Gas & Water Co. Trespass to recover damages for the diversion of a stream known as Hummel’s Run which flowed over plaintiff’s land.
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Appeal, No. 311, Oct. T.,. 1917, by defendant; from judgment of C. P. Schuylkill Co., Nov. T., 1914, No. 89, on verdict for plaintiff in case of Josiah Fessler v. Schuylkill Haven Gas & Water Co. Trespass to recover damages for the diversion of a stream known as Hummel’s Run which flowed over plaintiff’s land. Before Brumm, J. From the record it appeared that the plaintiff constructed a dam across the stream without notice to the plaintiff, and without exercising in a legal way the right of eminent domain. The facts appear by the opinion of the Superior Court. After plaintiff’s counsel had…
1Opinion of the Court
Opinion by
Henderson, J.,
This action was for the recovery of damages for the diversion of a stream to the detriment of land owned by the plaintiff below the location at which the water was taken. The first four assignments relate to the instruction of the court on the subject of punitive damages. The defendant is a corporation having the right of eminent domain. It did not take the water in the exercise of that right but without notice to the plain*335tiff erected a dam from which, it conducted water through a pipe to a reservoir used by it in the distribution of water to the community which it…
2Cases cited1 opinion
- Rider v. York Haven Water & Power Co.Supreme Court of Pennsylvania · 1916
3Cited by3 opinions
- Westinghouse Air Brake Co. v. PittsburghSupreme Court of Pennsylvania · 1934
- Appeal of Pennsylvania Co. for Insurances on Lives & Granting AnnuitiesSupreme Court of Pennsylvania · 1924
- In re McDevitt, Pennsylvania Court of Common Pleas, Philadelphia County1948