Pennsylvania Railroad v. Miller
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Chester county: Of January Term, 1885, No. 294. Case brought by Frank P. Miller against the Pennsylvania Railroad Company, August 24th, 1883, for the recovery of damages resulting to him by reason of the insertion of a pipe in Brandywine Creek, above the plaintiff’s mill, on the land of the defendant, and the consequent diminution of the water supply at the mill of the plaintiff. Plea, not guilty.
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Error to the Court of Common Pleas of Chester county: Of January Term, 1885, No. 294. Case brought by Frank P. Miller against the Pennsylvania Railroad Company, August 24th, 1883, for the recovery of damages resulting to him by reason of the insertion of a pipe in Brandywine Creek, above the plaintiff’s mill, on the land of the defendant, and the consequent diminution of the water supply at the mill of the plaintiff. Plea, not guilty. The following facts appear on' the trial before Ftjthet, P. J.: The defendant in error is the owner, as tenant for years, of a paper mill near Downingtown, Pa.…
1Opinion of the CourtJustice Paxson
This was an action brought in the court below against the Pennsylvania Railroad Company for diverting the water from the Brandywine creek, to the injury of the defendant in error, who is the owner of a mill property on that stream below the railroad. The water is taken within the line of the road and upon the property of the company. The land covered by the water at this point belongs to the company in fee simple. The water is pumped up from the creek into large tanks and is then used to supply the locomotives of the company. The plaintiff alleges that the quantity taken was so large as to…
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