Gring v. Sinking Spring Water Co.
Superior Court of Pennsylvania
Appeal No. 37, Oct. T., 1897, by plaintiff from judgment of C. P. Berks Go. June T., 1895, No. 53, on verdict for plaintiff. Appeal from viewer’s report. Before Ermentrottt, P. J. The facts sufficiently appear in the opinion of the court. Verdict and judgment for plaintiff for $800. Plaintiff appealed.
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Appeal No. 37, Oct. T., 1897, by plaintiff from judgment of C. P. Berks Go. June T., 1895, No. 53, on verdict for plaintiff. Appeal from viewer’s report. Before Ermentrottt, P. J. The facts sufficiently appear in the opinion of the court. Verdict and judgment for plaintiff for $800. Plaintiff appealed. Errors assigned among others was refusing plaintiff’s third point, which point is as follows: 3. The uncontradicted evidence in the case, showing that the water appropriated by the Sinking Spring Water Company is a private water supply arising from a spring located wholly oh the property of…
1Opinion of the Court
Opinión by
Rice, P. J.,
It appears that a spring of considerable size rises at the upper end of the plaintiff’s land, whence the water flows in a well defined channel to a hosiery factory, for which it furnishes the Avater power, and thence to a pool formed by a dam. From this pool or dam it is conducted by a flume or headrace across a public road to a grist mill located on another lot belonging to the plaintiff, and after being discharged through the tailrace flows in a defined channel to the defendant’s propertjr, where it is stored in a reservoir. When the grist mill is not running the…
2Cases cited8 opinions
- Wheatley v. BaughSupreme Court of Pennsylvania · 1855
- Borough of Ashland v. HauptSupreme Court of Pennsylvania · 1889
- Lord v. Meadville Water Co.Supreme Court of Pennsylvania · 1890
- Proprietors of Mills v. Braintree Water Supply Co.Massachusetts Supreme Judicial Court · 1889
- Mayor v. Commissioners of Spring GardenSupreme Court of Pennsylvania · 1847
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3Cited by4 opinions
- State Hospital for Criminal Insane v. Consolidated Water Supply Co.Supreme Court of Pennsylvania · 1920
- Reeves v. Philadelphia Suburban Water Co.Supreme Court of Pennsylvania · 1926
- Gring v. Sinking Spring Water Co.Supreme Court of Pennsylvania · 1921
- Metzgar v. Lycoming TownshipSuperior Court of Pennsylvania · 1909