Miller v. Miller
Supreme Court of Pennsylvania
In error from the Common Pleas,of Union. Case for a nuisance in diverting a stream of water. The evidence was that defendant, being the owner of certain land upon a stream, conveyed a part lying farthest down the stream to plaintiff, without a special reservation of the right to the water. He then opened ditches on his land, and turned the water into them for the purposes of irrigation.
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In error from the Common Pleas,of Union. Case for a nuisance in diverting a stream of water. The evidence was that defendant, being the owner of certain land upon a stream, conveyed a part lying farthest down the stream to plaintiff, without a special reservation of the right to the water. He then opened ditches on his land, and turned the water into them for the purposes of irrigation. Wilson, P. J., told the jury, “ A man may use the water for the purpose of watering his meadows, provided, he so constructs his races, or the ground is so situated, that any surplus will return again into the…
1Opinion of the CourtBell, J.
As the evidence given on the trial is not brought up with the record, we are unable to ascertain the precise extent of the diversion of the Avater in question, or of its use by the defendant. Nor is this, perhaps, necessary to enable us to decide understandingly the principal point presented on the argument. It is not Avhether the owner above has a right to use the water flowing through his lands for the purposes of irrigation, but Avhether he is bound so to use it as not materially to diminish the quantity which before flowed over and across the land of the occupier below.
The general rule on…
2Cases cited1 opinion
- Arnold v. FootNew York Supreme Court · 1834
3Cited by4 opinions
- Clark v. Penna. R. Co., Pennsylvania Court of Common Pleas, Westmoreland County1891
- Standard Plate Glass Co. v. Butler Water Co.Superior Court of Pennsylvania · 1897
- Elwood v. City of New YorkDistrict Court, S.D. New York · 1978
- Filbert v. DechertSuperior Court of Pennsylvania · 1903