Bumbarger v. Walker

Dissenting Opinion by

Wright, J.:

The question here involved is one which materially affects property rights in this Commonwealth. A spring depends for its water supply upon percolations beneath the surface of the ground, and the owner of adjoining land employs explosives in the lawful use of his property for mining purposes. It is my view that, in holding the adjoining owner liable for a change in the quality of the water supply, the majority is extending the doctrine of tort liability to an unwarranted extent.

It is important to bear in mind (1) that the damage claimed by these plaintiffs was…