Fricke v. Quinn
Supreme Court of Pennsylvania
Appeal, No. 236, Jan. T., 1897, by plaintiffs, from decree of C. P. Schuylkill Co.. July T., 1892, No. 3, on bill in equity. Bill in equity for an injunction. The bill averred as follows: 1. The borough of Port Carbon, one of said complainants, is a .municipal corporation in tbe said county of Schuylkill, tlie other complainants being residents and property owners in said borough.
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Appeal, No. 236, Jan. T., 1897, by plaintiffs, from decree of C. P. Schuylkill Co.. July T., 1892, No. 3, on bill in equity. Bill in equity for an injunction. The bill averred as follows: 1. The borough of Port Carbon, one of said complainants, is a .municipal corporation in tbe said county of Schuylkill, tlie other complainants being residents and property owners in said borough. From time immemorial there bas flowed through the said borough of Port Carbon a stream known as the Schuylkill river, into which stream flows another called the Mill creek, forming a junction with it near the…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
There is really no controversy before us as to the facts of this case. The master found that the defendants had polluted the water and filled up the channel of Mill creek, not by ordinary exercise of riparian rights, but by excessive and unlawful acts in the mining and washing of coal, to the injury of the complainants as lower riparian owners. The learned judge below took the same view of the facts established by the evidence and stated it in the following forcible language: “ The conclusion stated, taking in as it does all of the defendants, is the…
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- Commonwealth v. Philadelphia & Reading Coal & Iron Co., Pennsylvania Court of Common Pleas, Philadelphia County1944
- Fiedler v. CoenSupreme Court of Pennsylvania · 1986