Ross Common Water Co. v. Blue Mountain Consolidated Water Co.
Supreme Court of Pennsylvania
Appeal, No. 380, Jan. T., 1909, by defendant, from decree of C. P. Monroe Co., Sept. T., 1909, No. 12, continuing preliminary injunction in case of Ross Common Water Company v. Blue Mountain Consolidated Water Company. Bill in equity for an injunction.
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Appeal, No. 380, Jan. T., 1909, by defendant, from decree of C. P. Monroe Co., Sept. T., 1909, No. 12, continuing preliminary injunction in case of Ross Common Water Company v. Blue Mountain Consolidated Water Company. Bill in equity for an injunction. On a motion to continue a preliminary ‘injunction, Staples, P. J., found the facts to be as follows: In the year 1883, Charles Brodhead became the owner of a tract of land in the township of Ross, county of Monroe and state of Pennsylvania. At the foot of the main range of the Blue Mountains, on the north side, a few feet above the Aquashicola…
1Opinion of the Court
Per Curiam,
This appeal is from a decree continuing a preliminary injunction restraining the defendant from operating its pumps in such a manner as to substantially decrease the flow of water into the plaintiff’s spring. The case was very fully considered by the learned judge of the common pleas and the injunction was carefully worded so as to preserve the status quo without unnecessarily restricting the defendant in the exercise of its franchises. The established practice of the court on an appeal from the granting or refusal of a preliminary injunction is to withhold any expression of…
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