Whetstone v. Bowser
Supreme Court of Pennsylvania
Error to the Common Pleas of Bedford county. This was an action on the case brought on the 13th August, 1856, by John Bowser, against Samuel and David Whetstone, to recover damages for obstructing a watercourse, and diverting the water from the plaintiff’s mill. The farms of the Whetstones are situated on Cove Creek, and about two miles from the plaintiff’s mill.
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Error to the Common Pleas of Bedford county. This was an action on the case brought on the 13th August, 1856, by John Bowser, against Samuel and David Whetstone, to recover damages for obstructing a watercourse, and diverting the water from the plaintiff’s mill. The farms of the Whetstones are situated on Cove Creek, and about two miles from the plaintiff’s mill. On these farms is a “ sink,” into which, in ordinary stages, the greater part of the water of Cove Creek enters, and flows in a subterranean channel, or stream, to within a short distance above Bowser’s mill, where it appears again…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, C. J.
As the plaintiff in error has not placed a copy of the declaration in the paper-book, the judgment cannot be reversed on any question which depends upon the form of the pleadings.
There was evidence to show that the water has continued to flow through the sink to the plaintiff’s mill, for a period of time beyond the memory of the oldest witnesses; and that if unobstructed in dry times, it would all flow in that direction. The court instructed the jury that the plaintiff was entitled to the use of all the water that would naturally flow in…
2Cited by5 opinions
- Collins v. Chartiers V. Gas Co.Supreme Court of Pennsylvania · 1890
- Higday v. NickolausMissouri Court of Appeals · 1971
- Rothrauff Et Ux. v. Sinking Spr. W. Co.Supreme Court of Pennsylvania · 1940
- Kane Gas Light & Heating Co. v. Pennzoil Co.District Court, W.D. Pennsylvania · 1982
- Runner v. National Industrial Builders, Inc., Pennsylvania Court of Common Pleas, Montgomery County1972