Haldeman v. Bruckhart
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Lancaster county. This was an action on the case brought September 28th 1861, by Henry Bruckhart against Edwin Haldeman and Paris Halde-man, for diverting or destroying a spring of water on his land.
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ERROR to the Common Pleas of Lancaster county. This was an action on the case brought September 28th 1861, by Henry Bruckhart against Edwin Haldeman and Paris Halde-man, for diverting or destroying a spring of water on his land. The material facts of the case were these: — The plaintiff below owns a tract of land of sixteen acres, upon which he and his family reside; on which land, adjacent to his dwelling, there was a large spring of water, which was sufficient to supply all the uses of his family, and was never known to go dry, or be diminished in volume until the fall of 1860. In 1847…
1Opinion of the Court
The opinion of the court was delivered,
by
STRONG, J.
Confessedly the absolute dominion of a proprietor over his land to the centre of the earth, is restrained by the maxim “ sie tdere tuo ut alienum non loedas.” But what is an injury ? The rightful use of one’s land may cause damage to another without any legal wrong. An act done, causing damage which the law will redress, must not only be hurtful, but wrong*518ful. There must be damnum et injuria, an act not merely hurtful, but an infringement of another’s right. The plaintiff'in this case cannot therefore recover, unless the acts of which he…
2Cases cited3 opinions
- Roath v. DriscollSupreme Court of Connecticut · 1850
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- Boughton v. PhillipsNew York Court of Chancery · 1837
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- Rothrauff Et Ux. v. Sinking Spr. W. Co.Supreme Court of Pennsylvania · 1940
- State v. Michels Pipeline Construction, Inc.Wisconsin Supreme Court · 1974
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