Borough of Ashland v. Haupt

Citations

• 125 Pa. 211
• 17 A. 436
• 1889 Pa. LEXIS 708

Syllabus

<p>(a) A duly incorporated borough bought a tract of land through which a creek flowed, constructed a reservoir on the tract and conveyed the water tljereirom several miles to the borough, for the use of its inhabitants.</p> <p>(6) Another borough was situated two miles above said tract, on the same stream which constituted its main source of water supply. Certain property owners thereof, whose rights were afterwards obtained by a private corporation, started a plant to pump the waters of the stream into a reservoir and thus supply the latter borough, whose permission they had to lay pipes through the streets.</p> <p>(e) The first named borough filed a bill in equity to restrain the construction of the latter pi ant and the consequent obstruction of the stream and diversion of the waters, to the injury of the complainants’ plant, the supply of water being limited.</p> <p>1. In such case, the injunction should be granted. The complainants’ rights were not those of a riparian owner only; but under the Borough Act of April 3, 1851, P. L. 320, it could enter upon private property, by eminent domain, and appropriate a stream from which to supply its inhabitants with water, subject, however, to liability to compensate private owners for property thus injured or destroyed.</p> <p>2. As the second mentioned borough was not a party to the suit, and neither it nor the defendants, by its authority, were erecting the plant ■ complained of, the question of the right of said borough to use the water of the creek would not he passed upon, but would remain the same as when the complainant first constructed its works; such right could not be injured or destroyed without compensation being first made.</p>