David v. Philadelphia Electric Co.

Dissenting Opinion by

Judge Doyle:

I respectfully dissent and would affirm the judgment of the trial court.

There is no question that this is a matter of first impression. The majority would conclude, using the language of our Supreme Court in Kauffman v. Griesemer, 26 Pa. 407 (1856), that a downstream riparian owner may enjoin any discharge of water which does not naturally originate, flow in, or fall upon the upstream property owners land. The concurring opinion, would allow the reasonable discharge of imported waters into the stream bed, if the imported waters were used, or treated in some…