Pfeiffer v. Brown
Supreme Court of Pennsylvania
Appeal, No. 202, Oct. T., 1894, by plaintiff, from judgment of C. P. Butler Go., March T., 1894, No. 14, on verdict for defendants. Trespass for injury to land.
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Appeal, No. 202, Oct. T., 1894, by plaintiff, from judgment of C. P. Butler Go., March T., 1894, No. 14, on verdict for defendants. Trespass for injury to land. Before Greer, P. J. At the trial, plaintiff claimed to recover damages for the alleged wrongful action of defendants in turning salt water from an oil well on an adjoining farm over and upon her land, The testimony showed that the salt water was pumped up with the oil from the hundred-foot formation into a storage tank and then drawn off and allowed to flow by a natural depression over plaintiff’s land. After it began to flow upon…
1Opinion of the Court
Opinion by
Me. Justice Mitchell,
The right of the upper landowner to discharge water on the lowerlands of his neighbor is in general a right of flowage only in the natural ways and natural quantities. If he alters the natural conditions so as to change the course of the water, or concentrate it at a particular point, or by artificial means to increase its volume, he becomes liable for any injury caused thereby: Addison on Torts, sect. 288, ed. 1891.
In the present case the defendants, by drilling a well and pumping, increased the aggregate quantity of water discharged, concentrated it at an…
2Cases cited4 opinions
- Pennsylvania Coal Co. v. SandersonSupreme Court of Pennsylvania · 1886
- Collins v. Chartiers V. Gas Co.Supreme Court of Pennsylvania · 1890
- Allegh. V. R. v. Pittsb. Junction R.Supreme Court of Pennsylvania · 1886
- Pennsylvania Railroad Company's AppealSupreme Court of Pennsylvania · 1880
3Cited by38 opinions
- Youst v. Keck's Food Service, Inc.Superior Court of Pennsylvania · 2014
- Chamberlin v. CiaffoniSupreme Court of Pennsylvania · 1953
- Rau v. Wilden Acres, Inc.Supreme Court of Pennsylvania · 1954
- Lucas Et Ux. v. FordSupreme Court of Pennsylvania · 1949
- Laform v. Bethlehem TownshipSupreme Court of Pennsylvania · 1985
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