Spink v. Schuylkill Navigation Co.
Supreme Court of Pennsylvania
Appeal, No, 46, Jan. T., 1912, . by plaintiff, from decree of C. P. No.. 3, Philadelphia Co., . In Equity, March T., 1912, No, 4832, dismissing bill in ..case of William Spink v.. The, President,, Managers and . Company of The Schuylkill Navigation. Company. Bill in, equity for an injunction. Before Davis, j. The opinion of the Suprenie.Court.stat.es, the facts. Error assigned, inter alia, was the decree of the court.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The primary purpose of filing this bill was to restrain the defendant company from interfering with the right of plaintiff to the use of the water furnished from the canal in excess of the amount he was authorized to take under the terms of the grant. The controversy grows out of a ground and water rent deed, and in the absence of a waiver of any of its provisions, or a subsequent modification of them by the interested parties, its covenants are binding upon all concerned according to the terms of the original grant. In the consideration of this case we start with…
2Cases cited1 opinion
- Phillips v. PhillipsSupreme Court of Pennsylvania · 1864
3Cited by2 opinions
- Reading Co. v. SpinkSupreme Court of Pennsylvania · 1919
- Spink v. Philadelphia Hydro-Electric Co.Supreme Court of Pennsylvania · 1914