Mullin v. Pennsylvania R.
Supreme Court of Pennsylvania
FROM THE DECREE OF THE COURT OE COMMON PLEAS OE CHESTER COUNTY. No. 20 July Term 1887, Sup. Ct.; court below, No..... ..... 1882, C. P. On October 8, 1882, John S. Mullin filed a bill in equity against the Pennsylvania R. Co. praying;(l) That the defendants might be enjoined from conveying the waters of a stream off a certain tract of land and from using the same excepting on and for the use of said tract; (2) For damages for the injury already done the plaintiff; and (3)…
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FROM THE DECREE OF THE COURT OE COMMON PLEAS OE CHESTER COUNTY. No. 20 July Term 1887, Sup. Ct.; court below, No..... ..... 1882, C. P. On October 8, 1882, John S. Mullin filed a bill in equity against the Pennsylvania R. Co. praying;(l) That the defendants might be enjoined from conveying the waters of a stream off a certain tract of land and from using the same excepting on and for the use of said tract; (2) For damages for the injury already done the plaintiff; and (3) For further relief. The defendants filed an answer and the cause was referred to Mr. Wm. B. Waddell, as examiner and…
1Opinion of the Court
Opinion,
Mr. Justice Green :
We are of opinion that the master and the learned court below were correct in their interpretation of the grant contained in the deed to Thomas A. Parke in 1821, and the reservation in the deed to John Dowlin. It is true the right to take the *202water includes all the water of the stream, and it was to be taken for the purpose of erecting water-works. But the grant was also subject to the limitation that it was for the use of the Parke tract, and it was “ to be conducted where it formerly was.” There was evidence that the water had been formerly taken by a race-way for…
2Cases cited6 opinions
- Ashhurst's AppealSupreme Court of Pennsylvania · 1868
- Rennyson v. RozellSupreme Court of Pennsylvania · 1884
- Evans's AppealSupreme Court of Pennsylvania · 1876
- Neely's AppealSupreme Court of Pennsylvania · 1877
- Todd's AppealSupreme Court of Pennsylvania · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- McGrann v. AllenSupreme Court of Pennsylvania · 1927
- Kramer v. SlatterySupreme Court of Pennsylvania · 1918
- Bruner v. FinleySupreme Court of Pennsylvania · 1898
- Phila. Trust Co. v. Phila. & R. C. & I. Co.Supreme Court of Pennsylvania · 1891
- Clark v. EdwardsSuperior Court of Pennsylvania · 1914
4 more not listed; retrieve them via the Exa API.