Rider v. York Haven Water & Power Co.
Supreme Court of Pennsylvania
Appeal, No. 17, May T., 1915, by defendant, from judgment of C. P. Dauphin Co., Jan. T., 1913, No. 80, for plaintiff on verdict for plaintiff, in case of John B. Rider v. York Haven Water and Power Company. Trespass to recover damages for injuries to plaintiff’s land resulting from the maintenance of a dam. Before McCarrell, J.’ The opinion of the Supreme Court states the facts.
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Appeal, No. 17, May T., 1915, by defendant, from judgment of C. P. Dauphin Co., Jan. T., 1913, No. 80, for plaintiff on verdict for plaintiff, in case of John B. Rider v. York Haven Water and Power Company. Trespass to recover damages for injuries to plaintiff’s land resulting from the maintenance of a dam. Before McCarrell, J.’ The opinion of the Supreme Court states the facts. Verdict for plaintiff for $1,000 for injuries sustained and for $2,700 for punitive damages, and judgment thereon. Defendant appealed. Errors assigned were rulings on evidence and instructions to the jury.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The plaintiff sued in trespass to recover damages for the alleged unlawful diversion of the waters of a stream to the injury of the complaining riparian owner. In Rider v. York Haven Water & Power Co., 242 Pa. 141, it was decided that Rider was a riparian owner and as such entitled to be protected against the unlawful diversion of the waters of the stream. That was a proceeding in equity and the controversy between the parties *21revolved around the disputed question whether Rider was in fact a riparian owner. This question having been decided in his favor the present…
2Cases cited20 opinions
- Rabe v. Shoenberger Coal Co.Supreme Court of Pennsylvania · 1906
- Seely v. AldenSupreme Court of Pennsylvania · 1869
- Pittsb. C. & St. L. Ry. Co. v. LyonSupreme Court of Pennsylvania · 1889
- McFadden v. JohnsonSupreme Court of Pennsylvania · 1873
- Fulmer v. WilliamsSupreme Court of Pennsylvania · 1888
15 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Collegeville Borough v. Philadelphia Suburban Water Co.Supreme Court of Pennsylvania · 1954
- Thompson v. SwankSupreme Court of Pennsylvania · 1934
- Adelman Et Ux. v. RosenbaumSuperior Court of Pennsylvania · 1938
- Hall Oil Co. v. BarquinWyoming Supreme Court · 1925
- Rhoads v. HeberlingSuperior Court of Pennsylvania · 1982
19 more not listed; retrieve them via the Exa API.