Philadelphia & Reading Railroad v. Pottsville Water Co.
Supreme Court of Pennsylvania
Appeal, No. 550, Jan. T., 1896, by plaintiff, from decree of C. P. Schuylkill Co., Nov. T., 1896, No. 6, dismissing bill in equity. Bill in equity for an injunction.
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Appeal, No. 550, Jan. T., 1896, by plaintiff, from decree of C. P. Schuylkill Co., Nov. T., 1896, No. 6, dismissing bill in equity. Bill in equity for an injunction. Before Pershing, P. J., and Bechtel, J. The bill averred that the complainant was the lessee of the Mine Hill Railroad; that the Mine Hill Railroad Company took water for engines used on the Mine Hill Railroad from Indian Run stream, in Branch township, in Schuylkill county, from about the year 1885, and such taking was continued up to the date of the filing of the bill of complaint; that a lease was made by Samuel H. Shannon on…
1Opinion of the Court
Opinion by
Mr. Justice Green,
It must be conceded that the title of the appellant company was not acquired by an exercise of the right of eminent domain, but by voluntary leases from the owners. Hence it follows clearly, under our well settled decisions, that the right acquired under the leases, having been obtained from a riparian owner, has no greater dignity than the right of the riparian owner himself. It is just as clear that riparian owners have no ownership of running water, no right to divert and sell it to strangers for general use, and are limited in their own use of it to ordinary…
2Cases cited4 opinions
- Borough of Ashland v. HauptSupreme Court of Pennsylvania · 1889
- Lord v. Meadville Water Co.Supreme Court of Pennsylvania · 1890
- Clark v. Penna. R. Co., Pennsylvania Court of Common Pleas, Westmoreland County1891
- Pennsylvania Railroad v. MillerSupreme Court of Pennsylvania · 1886
3Cited by10 opinions
- Commonwealth v. YostSupreme Court of Pennsylvania · 1900
- Palmer Water Co. v. Lehighton Water Supply Co.Supreme Court of Pennsylvania · 1924
- Commonwealth v. EmmersSuperior Court of Pennsylvania · 1907
- Davis v. Southwest Pennsylvania Pipe LinesSupreme Court of Pennsylvania · 1909
- Delaware River Basin Commission v. Bucks County Water & Sewer AuthorityDistrict Court, E.D. Pennsylvania · 1979
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