Wheatley v. Baugh
Supreme Court of Pennsylvania
Error to the Common Pleas of Chester eownty. This was an action on the case brought by Jacob Baugh v. Charles M. Wheatley, under the following circumstances: The plaintiff was a tanner, and resided in Schuylkill township, Chester county, a short distance from Phoenixville. He occupied, as a lessee for years, a tanyard, with its appurtenances, comprising about an acre of ground, from 1824 or ’25 to 1853, and carried on his business during the whole of that time.
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Error to the Common Pleas of Chester eownty. This was an action on the case brought by Jacob Baugh v. Charles M. Wheatley, under the following circumstances: The plaintiff was a tanner, and resided in Schuylkill township, Chester county, a short distance from Phoenixville. He occupied, as a lessee for years, a tanyard, with its appurtenances, comprising about an acre of ground, from 1824 or ’25 to 1853, and carried on his business during the whole of that time. Upon the property which he thus occupied was a spring of water, which he constantly used for the purposes of his business. A valuable…
1Opinion of the Court
The opinion of the Court was delivered by
Lewis, C. J.
A mining company, in the course of necessary operations in paining minerals from their own land, interrupted the percolations which supplied a spring on an adjacent tract, and the owner of the spring, under the direction of the Court below, recovered damages for the loss of it. The question is, can this recovery be sustained ?
The general principle undoubtedly is, that he who owns the soil has it even to the sky, and to the lowest depths. He may dig as deep and build as high as he pleases. The maxim which embodies the principle is, “cujus…
2Cases cited5 opinions
- Parker & Edgarton v. FooteNew York Supreme Court · 1838
- Arnold v. FootNew York Supreme Court · 1834
- Hoy v. SterrettSupreme Court of Pennsylvania · 1834
- Smith v. AdamsNew York Court of Chancery · 1837
- Butz v. IhrieSupreme Court of Pennsylvania · 1829
3Cited by45 opinions
- Geary v. United States Steel Corp.Supreme Court of Pennsylvania · 1974
- Tourville v. Inter-Ocean InsuranceSupreme Court of Pennsylvania · 1986
- Collins v. Chartiers V. Gas Co.Supreme Court of Pennsylvania · 1890
- Higday v. NickolausMissouri Court of Appeals · 1971
- Rothrauff Et Ux. v. Sinking Spr. W. Co.Supreme Court of Pennsylvania · 1940
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