Barter v. Commonwealth
Supreme Court of Pennsylvania
Certiorari to Nathaniel Lightner, Esquire, Mayor of tlie city of Lancaster. The circumstances of the ease were as follows: Before Lancaster was incorporated as a city, or had any regulations respecting wells of water in the public streets, the citizens were in the habit of sinking wells in the streets, so near the side walks, as not to interfere with the right of passage in the streets.
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Certiorari to Nathaniel Lightner, Esquire, Mayor of tlie city of Lancaster. The circumstances of the ease were as follows: Before Lancaster was incorporated as a city, or had any regulations respecting wells of water in the public streets, the citizens were in the habit of sinking wells in the streets, so near the side walks, as not to interfere with the right of passage in the streets. George Kleiss had a well of this description, sunk by those under whom he claimed his property, many years since. This well was situated in Vine street, near the property of said George Kleiss, and used by him…
1Opinion of the Court
*259The opinion of the court was delivered by
Gibson, C. J.
That the government of every incorporated town, has a right to improve the streets for public purposes, whether as high ways or places for cisterns or wells, is a proposition about which there can be little dispute. It is difficult to imagine a subject to which the incidental rights of a municipal corporation, more appropriately extend; and these, where they exist at all, are necessarily exclusive. It has doubtless been a practice, for the inhabitants to sink wells in the street, at their particular cost, but being beneficial to the…
2Cases cited1 opinion
- M'Ferran v. PowersSupreme Court of Pennsylvania · 1814
3Cited by1 opinion
- State ex rel. Dunlap v. NohlWisconsin Supreme Court · 1902