Blauch v. Johnstown Water Co.
Supreme Court of Pennsylvania
Appeal, No. 215, Oct. T., 1914, by plaintiff, from decree of O. P. Cambria Co., Sept. T., 1912, No. 12, refusing an injunction in case of Nathaniel Blauch v. The Johnstown Water Company, Lessor, and the Manufacturers’ Water Company, Lessee. Bill in equity for an injunction.
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Appeal, No. 215, Oct. T., 1914, by plaintiff, from decree of O. P. Cambria Co., Sept. T., 1912, No. 12, refusing an injunction in case of Nathaniel Blauch v. The Johnstown Water Company, Lessor, and the Manufacturers’ Water Company, Lessee. Bill in equity for an injunction. Before Stephens, P. J. The appellant filed a bill to restrain the Johnstown Water Company from taking the waters of a stream and furnishing it to the Manufacturers’ Water Company for the purposes of the latter company. The facts appear in the following extract from the opinion of the court dismissing the bill: Nathaniel…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
We are “not asked on this appeal to disturb any fact found by the court below. The complaint of the appellant, as gathered from the assignments of error, is of legal conclusions which led to a dismissal of his bill, filed under the Act of June 19, 1871, P. L. 1360.
What injuries the appellant, if he is injured, is the diversion of the waters of Stonycreek river four and one-half miles above the point where it flows through or along his land. The water so diverted is taken by the Johnstown Water Company, and, if the rights of the appellant are invaded, as alleged in…
2Cases cited5 opinions
- Bly v. White Deer Mountain Water Co.Supreme Court of Pennsylvania · 1900
- Windsor Glass Co. v. Carnegie Co.Supreme Court of Pennsylvania · 1903
- White v. Borough of McKeesportSupreme Court of Pennsylvania · 1882
- Bland v. Tipton Water Co.Supreme Court of Pennsylvania · 1908
- Mory v. Oley Valley Railway Co.Supreme Court of Pennsylvania · 1901
3Cited by11 opinions
- Altoona v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1951
- Rider v. York Haven Water & Power Co.Supreme Court of Pennsylvania · 1915
- Gring v. Sinking Spring Water Co.Supreme Court of Pennsylvania · 1921
- Alexander v. Wilkes-Barre Anthracite Coal Co.Supreme Court of Pennsylvania · 1916
- Croyle v. Johnstown Water Co.Supreme Court of Pennsylvania · 1918
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