Wheatley v. Chrisman
Supreme Court of Pennsylvania
ERROR to the Common Picas of Chester county. This was an action in ease by John Chrisman v. Charles M. Wheatley, to December Term, 1853, for having diverted a portion of the water of a small stream from its natural channel, and also for having corrupted the water in the natural channel, part of which flowed into an artificial channel, to the injury of the plaintiff. The stream of water, in its natural channel, flowed over the land of Ohrisman, the plaintiff.
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ERROR to the Common Picas of Chester county. This was an action in ease by John Chrisman v. Charles M. Wheatley, to December Term, 1853, for having diverted a portion of the water of a small stream from its natural channel, and also for having corrupted the water in the natural channel, part of which flowed into an artificial channel, to the injury of the plaintiff. The stream of water, in its natural channel, flowed over the land of Ohrisman, the plaintiff. In 1791, the farm of the plaintiff, and also the farm a part of which was occupied by the defendant, belonged to Lewellyn Davis, who, on…
1Opinion of the Court
The opinion of the Court was delivered May 21, 1855, by
Blace, J.
There was no trouble in the Court below, and there can be none here, about determining what are the main and principal rights of the parties in regard to the subject-matter of the controversy. A small stream of water runs through the land *302of both. Tbe defendant is tbe upper and tbe plaintiff tbe lower proprietor. It is asserted that the defendant, who is working a lead-mine, has corrupted the water and sensibly diminished the volume of tbe stream. If either of these allegations be true, the plaintiff has a right to recover in…
2Cited by11 opinions
- McCausland v. JarrellWest Virginia Supreme Court · 1951
- Lindokken v. PaulsonWisconsin Supreme Court · 1937
- Arminius Chemical Co. v. LandrumSupreme Court of Virginia · 1912
- Clark v. Penna. R. Co., Pennsylvania Court of Common Pleas, Westmoreland County1891
- Roberts v. MartinWest Virginia Supreme Court · 1913
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