Keppel v. Lehigh Coal & Navigation Co.
Supreme Court of Pennsylvania
Appeal, No. 96, Jan. T., 1900, by defendant, from decree of C. P. Schuylkill Co., March T., 1897, No. 4, on bill in equity in case of Samuel B. Keppel and Samuel C. Boyer, Assignees of Augustus W. Shick and John B. Wamsher, v. Lehigh Coal & Navigation Company. Bill in equity for an injunction and for damages. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 96, Jan. T., 1900, by defendant, from decree of C. P. Schuylkill Co., March T., 1897, No. 4, on bill in equity in case of Samuel B. Keppel and Samuel C. Boyer, Assignees of Augustus W. Shick and John B. Wamsher, v. Lehigh Coal & Navigation Company. Bill in equity for an injunction and for damages. The facts are stated in the opinion of the Supreme Court. The court entered the following decree : 1. That the-said the Lehigh Coal and Navigation Company, defendant, its workmen, agents and employees, its successors and assigns and their workmen, agents and employees, be perpetually…
1Opinion of the Court
Opinion by
Mb. Justice Potteb,
The plaintiffs are the owners of about twenty-three acres of land, on the Little Schuylkill river, in Schuylkill county, Pennsylvania, on which is a water power flour mill, with the usual dam and races. The defendant is the owner and operator of coal mines, situate on and near Panther creek, a stream tributary to the Little Schuylkill river, above the lands of the plaintiffs. In the operation of its mines, the defendant has placed culm banks along and near Panther creek, and has allowed its mine water, and the wash water from its breakers and washeries, to reach…
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