Good v. Altoona City
Supreme Court of Pennsylvania
Appeal, No. 94, July T., 1893, by defendant, from judgment of C. P. Blair Co., Oct. T., 1888, No. 118, on verdict for plaintiff. Trespass for damages for polluting stream, springs and well, and creating nuisance. Before Dean, J. Plaintiff’s evidence was to the effect that defendant emptied its sewage into Dry Gap run which flows into Mill run, which latter stream crosses plaintiff’s farm, supplying water for the stock and feeding two springs.
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Appeal, No. 94, July T., 1893, by defendant, from judgment of C. P. Blair Co., Oct. T., 1888, No. 118, on verdict for plaintiff. Trespass for damages for polluting stream, springs and well, and creating nuisance. Before Dean, J. Plaintiff’s evidence was to the effect that defendant emptied its sewage into Dry Gap run which flows into Mill run, which latter stream crosses plaintiff’s farm, supplying water for the stock and feeding two springs. The country through which this stream flows is of limestone formation, and as is usual in such formations contains fissures and crevices through which…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
Little need be said either in explanation or. in vindication of the judgment in this case. The plaintiff is the owner of a farm -situated three miles from Altoona, through which a stream known as Mill run passes. The bed of the stream is limestone rock, through seams and fissures in which a part of the water finds a subterranean passage and feeds two springs near the farm buildings, from which water is procured for the stock and for domestic purposes.
The city of Altoona constructed sewers, the contents of which flow into this stream, with the result to the plaintiff…
2Cases cited4 opinions
- Pennsylvania Coal Co. v. SandersonSupreme Court of Pennsylvania · 1886
- Howell v. M'CoySupreme Court of Pennsylvania · 1832
- Barclay v. CommonwealthSupreme Court of Pennsylvania · 1855
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