Collins v. Chartiers V. Gas Co.
Supreme Court of Pennsylvania
APPEALS BY PLAINTIFFS FROM THE COURT OF COMMON PLEAS NO. 2 OF ALLEGHENY COUNTY. Nos. 177, 204 October Term 1889, Sup. Ct.; court below, Nos. 157, 509 April Term 1888, C. P. No. 2. To No. 157 April Term 1888, of the court below, Nannie R. Collins brought trespass against the Chartiers Valley Gas Company to recover damages for an injury to a water well owned by the plaintiff, alleged to have been occasioned by the negligence of the defendant.
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APPEALS BY PLAINTIFFS FROM THE COURT OF COMMON PLEAS NO. 2 OF ALLEGHENY COUNTY. Nos. 177, 204 October Term 1889, Sup. Ct.; court below, Nos. 157, 509 April Term 1888, C. P. No. 2. To No. 157 April Term 1888, of the court below, Nannie R. Collins brought trespass against the Chartiers Valley Gas Company to recover damages for an injury to a water well owned by the plaintiff, alleged to have been occasioned by the negligence of the defendant. To No. 509 of the same term Mary L. Osbon brought a similar action against the same defendant to recover for a like injury. The two cases having been put…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell :
The dividing line between the right to use one’s own, and the duty not to injure another’s, is one of great nicety and importance, and frequently of difficulty. The Pennsylvania decisions have endeavored with unusual care, to preserve the substance of both rights, as far as their sometimes inevitable conflict may permit.
With regard to the use and control of flowing water, and of water-courses, the case of Penna. Coal Co. v. Sanderson, 113 Pa. 126, definitively settled the rule that for unavoidable damage to another’s land, in the lawful use of one’s own, no…
2Cases cited4 opinions
- Pennsylvania Coal Co. v. SandersonSupreme Court of Pennsylvania · 1886
- Wheatley v. BaughSupreme Court of Pennsylvania · 1855
- Haldeman v. BruckhartSupreme Court of Pennsylvania · 1863
- Whetstone v. BowserSupreme Court of Pennsylvania · 1857
3Cited by42 opinions
- Williamson v. JonesWest Virginia Supreme Court · 1894
- Strauss v. AllentownSupreme Court of Pennsylvania · 1906
- Pfeiffer v. BrownSupreme Court of Pennsylvania · 1895
- Clinchfield Coal Corp. v. ComptonSupreme Court of Virginia · 1927
- Rothrauff Et Ux. v. Sinking Spr. W. Co.Supreme Court of Pennsylvania · 1940
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