Miller v. Hanover & McSherrytown Water Co.
Supreme Court of Pennsylvania
Appeal, No. 350, Jan. T., 1912, by defendant, from judgment of C. P. Adams Co., Nov. T., 1911, No. 3, on verdict for plaintiff in case of Levi M. Miller v. The Hanover and McSherrytown .Water Company. Trespass to recover damages for injury to plaintiff’s farm caused by interference with riparian rights. Before Sadler, P. J., specially presiding. The opinion of the Supreme Court states the case. Verdict and judgment for plaintiff for $1,900. Deendant appealed.
Read the full summary
Appeal, No. 350, Jan. T., 1912, by defendant, from judgment of C. P. Adams Co., Nov. T., 1911, No. 3, on verdict for plaintiff in case of Levi M. Miller v. The Hanover and McSherrytown .Water Company. Trespass to recover damages for injury to plaintiff’s farm caused by interference with riparian rights. Before Sadler, P. J., specially presiding. The opinion of the Supreme Court states the case. Verdict and judgment for plaintiff for $1,900. Deendant appealed. Errors assigned were to rulings on evidence.
1Opinion of the Court
Opinion by
Mr. Chief Justice Fell,
One of the uses made by the plaintiff of the water of a stream that flowed through his farm was for motive power to pump water from a well to his buildings. The defendant, an upper riparian owner, constructed a dam and water plant structures on its own land and diverted a third of the usual flow of the stream from its natural channel. The plaintiff brought an action of trespass and at the trial testimony was admitted to show the difference in value of the farm before and after the water was diverted, thus allowing a recovery for permanent injury. The only…
2Cases cited4 opinions
- Seely v. AldenSupreme Court of Pennsylvania · 1869
- Lord v. Meadville Water Co.Supreme Court of Pennsylvania · 1890
- Davis v. Southwest Pennsylvania Pipe LinesSupreme Court of Pennsylvania · 1909
- Woodward v. WebbSupreme Court of Pennsylvania · 1870
3Cited by6 opinions
- Forster v. Rogers Bros.Supreme Court of Pennsylvania · 1915
- Rider v. York Haven Water & Power Co.Supreme Court of Pennsylvania · 1915
- Wagner v. Purity Water Co.Supreme Court of Pennsylvania · 1913
- Palmer Water Co. v. Lehighton Water Supply Co.Supreme Court of Pennsylvania · 1924
- Schlichtkrull v. Mellon-Pollock Oil Co.Supreme Court of Pennsylvania · 1930
1 more not listed; retrieve them via the Exa API.