Wagner v. Purity Water Co.
Superior Court of Pennsylvania
Appeal, No. 32, March T., 1912, by defendant, from judgment of C. P. Snyder Co., Dec. T., 1910, No. 13 on verdict for plaintiff in case of Charles A. Wagner v. Purity Water Company. Trespass for diversion of water. Before McClure, P. J. Plaintiff presented these points: 1. If the defendant took away any of the water that formerly flowed into the plaintiff’s milldam, the plaintiff is entitled to recover. Answer: We affirm that point.
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Appeal, No. 32, March T., 1912, by defendant, from judgment of C. P. Snyder Co., Dec. T., 1910, No. 13 on verdict for plaintiff in case of Charles A. Wagner v. Purity Water Company. Trespass for diversion of water. Before McClure, P. J. Plaintiff presented these points: 1. If the defendant took away any of the water that formerly flowed into the plaintiff’s milldam, the plaintiff is entitled to recover. Answer: We affirm that point. And by affirming the point, I mean that the statement of the law is correctly contained in the point. [1] 2. If the defendant took away any of the water which…
1Opinion of the Court
Opinion by
Henderson, J.,
This is an action of trespass brought by the plaintiff to recover damages for the impairment of the water supply of his gristmill caused by the diversion of a part of the water naturally flowing into his mill pond, to a reservoir constructed by the defendant in connection with its system of pipes. The defendant is a corporation organized under the Act of April 29, 1874, P. L. 73, to furnish water to the public. In furtherance of its plans it constructed a small dam on a stream flowing into the plaintiff’s pond and diverted water through a pipe to its reservoir. The…
2Cases cited6 opinions
- Lord v. Meadville Water Co.Supreme Court of Pennsylvania · 1890
- Thompson v. Citizens Traction Co.Supreme Court of Pennsylvania · 1897
- Standard Plate Glass Co. v. Butler Water Co.Superior Court of Pennsylvania · 1897
- Mengell's Executors v. Mohnsville Water Co.Supreme Court of Pennsylvania · 1909
- Hoober v. New Holland Water Co.Superior Court of Pennsylvania · 1910
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