Adam v. Moll

Citations

• 6 Pa. Super. 380
• 1898 Pa. Super. LEXIS 167

Syllabus

<p>Practice, O. P. — Amendment to statement, the cause of action being the same.</p> <p>Plaintiff properly is allowed to amend his statement where the foundation of the action remains the same.</p> <p>In the case at bar, being- trespass for wrongful diversion of waters, the amendment was properly allowed ; the water affected was the same; the means employed to effect the diversion are set out with more particularity in the first than in the second ; the fact Of the diverting and obstrueing remained the same in each; the use of the supply of water is the same; and the alleged injury the same.</p> <p>Waters and water courses — Obstruction and diversion — Prescription.</p> <p>Where the obstruction of a water course is complained of, instructions to the jury are proper to the effect that if the natural flow of a water course had remained as alleged for twenty-one years then the plaintiff’s right to the water became absolute. The testimony being contradictory as to the responsibility of defendant for the alleged diversion it was properly left to the jury, with directions to reconcile it if they could, and if not to determine on which side the truth lay.</p>