Kauffman v. Griesemer
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Berks county. This was an action on the case by Franklin and Hiram Kauffmann, by their guardians, against Enoch Griesemer, for obstructing a watercourse, and throwing the water back on the plaintiffs’ land.
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Error to tbe Common Pleas of Berks county. This was an action on the case by Franklin and Hiram Kauffmann, by their guardians, against Enoch Griesemer, for obstructing a watercourse, and throwing the water back on the plaintiffs’ land. After the road was vacated, and the trunk taken out of the watercourse across the road, and ®a ditch dug by the father of the plaintiffs, where the trunk, had been, the defendant' alleged that it increased the flow of water' upon his land from the plaintiffs’ spring, and to prevent it erected across the ditch or watercourse on his own land, a sod dam; and the…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
This was an action of trespass on the case, in which the plaintiffs complained that the defendant' had obstructed an ancient watercourse, whereby water was thrown back upon their lands to their injury. The parties own adjoining lands, and some 30 or 40 rods above the dividing line is a strong spring on thé land of the plaintiffs, the natural outlet of which is in the direction of the defendant’s land. This outlet having rising ground on both sides of it, serves to carry off not only, the water of this spring, but also the water from rain…
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