Lackawanna Mills v. Scranton Gas & Water Co.

Opinion by

Mr. Justice Schaffer,

These two cases were tried together in the court below and were so argued here. The same facts apply to each of them and the same questions are raised in both. They will be disposed of in a single opinion.

The vital question is whether the plaintiff corporations have any property rights in the waters of Stafford Meadow Brook which entitle them to recover damages from defendant because of its appropriation and condemnation of all the water in the stream. The trial court, sitting without a jury, held that they had no property right in the water and entered…