Legal Opinion

Consolidated Water Supply Co. v. State Hospital for Criminal Insane

Superior Court of Pennsylvania

Decided May 7, 1917No. Appeal, No. 39PublishedCited by 3 opinions

Appeal, No. 39, March T., 1917, by defendant, from judgment of C. P. Wayne Co., March T., 1916, No. 94, for plaintiff on case stated in suit of Consolidated Water Supply Co. v. State Hospital for Criminal Insane. Case stated to determine the right to use water from Racket Brook. Before- Barber, P. J., specially presiding.

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Appeal, No. 39, March T., 1917, by defendant, from judgment of C. P. Wayne Co., March T., 1916, No. 94, for plaintiff on case stated in suit of Consolidated Water Supply Co. v. State Hospital for Criminal Insane. Case stated to determine the right to use water from Racket Brook. Before- Barber, P. J., specially presiding. The material facts abstracted and condensed from the case stated by the court below, are as follows: Prior to 1867, the Delaware & Hudson Canal Company, a corporation operating a railroad and having extensive machine shops, was the owner and in possession of a large tract of…

1Opinion of the Court

Opinion by

Kephart, J.,

The Delaware & Hudson Canal Company owned many large tracts of land contiguous to each other in the Counties of Wayne and Luzerne (now Lackawanna). A stream of water, called Racket Brook, had its source on one of these tracts, and it flowed across several of them. The canal company, prior to 1867, erected on its lands three reservoirs. No. 7, the upper reservoir, and No. 4, the second reservoir, were located on the stream, on different pieces of land, some distance apart. The third *619reservoir was located a considerable distance away from the stream on the Porter tract.…

2Cases cited5 opinions

  1. Hoy v. SterrettSupreme Court of Pennsylvania · 1834
  2. Philadelphia & Reading Railroad v. Pottsville Water Co.Supreme Court of Pennsylvania · 1897
  3. Scranton Gas & Water Co. v. Delaware, Lackawanna & Western R. R.Supreme Court of Pennsylvania · 1913
  4. Irving's Executors v. Burgess of MediaSuperior Court of Pennsylvania · 1899
  5. Hartzall v. SillSupreme Court of Pennsylvania · 1849

3Cited by3 opinions

  1. State Hospital for Criminal Insane v. Consolidated Water Supply Co.Supreme Court of Pennsylvania · 1920
  2. Palmer Water Co. v. Lehighton Water Supply Co.Supreme Court of Pennsylvania · 1924
  3. Sleeping Indian Ranch, Inc. v. West Ridge Group, LLCSupreme Court of Colorado · 2005

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