Irving's Executors v. Burgess of Media
Superior Court of Pennsylvania
Appeal, No. 173, Oct. T., 1898, by defendant, from judgment of O. P. Delaware Co., Mar. T., 1894, No. 154, on verdict for plaintiff. Opinion by Rice, P. J. Trespass. Before Claytoh, P. J. It appears from the evidence that the plaintiff at the time of the commencement of this action, on January 31, 1894, was the owner of a tract of land of about one hundred acres, situate on both sides of Ridley creek with his title extending to the middle of the creek.
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Appeal, No. 173, Oct. T., 1898, by defendant, from judgment of O. P. Delaware Co., Mar. T., 1894, No. 154, on verdict for plaintiff. Opinion by Rice, P. J. Trespass. Before Claytoh, P. J. It appears from the evidence that the plaintiff at the time of the commencement of this action, on January 31, 1894, was the owner of a tract of land of about one hundred acres, situate on both sides of Ridley creek with his title extending to the middle of the creek. He owned a large textile manufactory situated on his land which obtained a part of its power from the fall of the creek amounting to about…
1Opinion of the Court
Opinion by
Rice, P. J.,
This was an action of trespass to recover damages for the diversion of the waters of a private stream called Ridley creek. The defendant’s waterworks are located on land which it bought for the purpose outside the borough limits.' The main stream from which the water is taken, does not run through the borough, but one of its tributaries does. The plaintiff’s mill is located on the stream about four miles below the defendant’s pumping station. Other facts will be referred to as we proceed.
Without discussing each of the assignments of error separately, the principal…
2Cases cited17 opinions
- Borough of Ashland v. HauptSupreme Court of Pennsylvania · 1889
- Lord v. Meadville Water Co.Supreme Court of Pennsylvania · 1890
- 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
- Bethlehem South Gas & Water Co. v. YoderSupreme Court of Pennsylvania · 1886
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- Sebree v. Huntingdon Water Supply Co.Superior Court of Pennsylvania · 1919
- Consolidated Water Supply Co. v. State Hospital for Criminal InsaneSuperior Court of Pennsylvania · 1917
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