Knights of Pythias Benevolent Ass'n of Coal Centre v. Leadbeter
Superior Court of Pennsylvania
Appeal, No. 71, April T., 1896, by plaintiff, from judgment of C. P. Washington Co., Nov. T., 1894, No. 28, on verdict for defendants. Trespass for obstructing plaintiff’s user of the waters of a certain spring. Before McIlvaine, P. J. It appeared from the pleadings and evidence that: The borough of Coal Centre obtained by grant from one Crothers the right to use a certain spring located on his land. This land had been previously owned by one Jackman.
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Appeal, No. 71, April T., 1896, by plaintiff, from judgment of C. P. Washington Co., Nov. T., 1894, No. 28, on verdict for defendants. Trespass for obstructing plaintiff’s user of the waters of a certain spring. Before McIlvaine, P. J. It appeared from the pleadings and evidence that: The borough of Coal Centre obtained by grant from one Crothers the right to use a certain spring located on his land. This land had been previously owned by one Jackman. Prior to the bringing of this suit water had been running for many years through a pipe over another route; this pipe passed through…
1Opinion of the Court
Opinion by
Rice, P. J.,
Undoubtedly if the persons named made the agreement with Thomas Piper specified in the plaintiff’s ninth point, the continued use by them, or the public as their successors, of the surplus water under said agreement could not mature into a right which would justify them in depriving the plaintiff, as Piper’s successor, of its right to the first use of the water; but it would not follow as a necessary legal conclusion that' the defendants were trespassers. This result could follow only if (1) Thomas Piper had acquired from the owner an irrevocable grant of the right to…
2Cases cited8 opinions
- Lehigh Valley Railroad v. BrandtmaierSupreme Court of Pennsylvania · 1886
- Malone v. Phila. & Reading R. R.Supreme Court of Pennsylvania · 1893
- Smith v. MeldrenSupreme Court of Pennsylvania · 1884
- Perrin v. WellsSupreme Court of Pennsylvania · 1893
- Thornton v. Britton, Pennsylvania Court of Common Pleas, Fayette County1891
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Commonwealth v. WinkelmanSuperior Court of Pennsylvania · 1900
- Jarvis v. BellSupreme Court of Pennsylvania · 1929
- Davidson v. Schuylkill Traction Co.Superior Court of Pennsylvania · 1897
- Shields v. Larry Construction Co.Supreme Court of Pennsylvania · 1952
- Jordan v. Clearfield CountySuperior Court of Pennsylvania · 1932
5 more not listed; retrieve them via the Exa API.