Hoober v. New Holland Water Co.
Superior Court of Pennsylvania
Appeal, No. 120, Oct. T., 1909, by defendant, from judgment of C. P. Lancaster Co., Feb. T., 1906, No. 7, on verdict for plaintiff in case of A. H. Hoober v. New Holland Water Company. Trespass to recover damages for injuries to a mill property by the diversion of water. Before Landis, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 120, Oct. T., 1909, by defendant, from judgment of C. P. Lancaster Co., Feb. T., 1906, No. 7, on verdict for plaintiff in case of A. H. Hoober v. New Holland Water Company. Trespass to recover damages for injuries to a mill property by the diversion of water. Before Landis, P. J. The facts are stated in the opinion of the Superior Court. At the trial the court refused under objection and exception to permit the defendant to show what it would have cost to supply by a gasoline engine or an electric motor, the power lost by the defendant’s taking of water from the spring on his…
1Opinion of the Court
Opinion by
Henderson, J.,
The defendant appropriated water from three springs which were tributary to a creek on which the plaintiff owned and operated a grist mill, all the power for which was supplied by the creek. The defendant owned the land on which the springs were situated and the water was diverted without condemnation proceedings. This action was for damages resulting from the subtraction of the water and the consequent loss of power at the plaintiff’s mill. The taking of the water is admitted and the plaintiff’s right of action is not denied. The contention is that the plaintiff did…
2Cases cited4 opinions
- Lentz v. Carnegie Bros., Pennsylvania Court of Common Pleas, Westmoreland County1892
- Hooper v. . StoryNew York Court of Appeals · 1898
- Hoffman v. Mill Creek Coal Co.Superior Court of Pennsylvania · 1901
- Lee v. Springfield Water Co.Supreme Court of Pennsylvania · 1896
3Cited by9 opinions
- Smail v. FlockSupreme Court of Pennsylvania · 1962
- Osterling v. FrickSupreme Court of Pennsylvania · 1925
- Getz v. FreedSupreme Court of Pennsylvania · 1954
- McAllister v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1936
- Altoona Clay Products, Inc. v. Dun & Bradstreet, Inc.District Court, W.D. Pennsylvania · 1965
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