Citizens Electric Co. v. Susquehanna Boom Co.

Citations

• 270 Pa. 517
• 113 A. 559
• 1921 Pa. LEXIS 430

Syllabus

<p>Waters—Navigable rivers—Susquehanna River—Grant—High- and low-water mark—Riparian owners — Remedy-at-law — Misuse of franchise—Act of June 19, 1871, P. L\\ 1860.</p> <p>1. The Susquehanna River is a navigable stream and therefore a public highway, and a grant of land along such river extends to ordinary low-water mark.</p> <p>2. Between high- and low-water mark, the grantee takes the land subject to the rights of the public, and he may use it for Such purposes as do not interfere with the free flow and navigation of the waters.</p> <p>3. The Commonwealth may, by proper legislation, grant to others its right to use the bed of the stream, and may provide in such grant that the riparian rights incident to ownership of land along a navigable river shall be subjected to public uses.</p> <p>4. Such riparian rights do not rise any higher than similar ones along a nonnavigable river.</p> <p>5. Where a boom company acquired title by eminent domain to a riparian owner’s rights to land between low-water mark and “nine feet in perpendicular height above low-water mark” and has flooded such owner’s land through a long period of time, without protest or objection, it will be presumed that due compensation was made by the boom company for the exercise of such easement.</p> <p>6. The condemnor has the free and exclusive enjoyment and use of the land taken for a public purpose as though the surface and go much beneath as may be necessary for support was owned in fee (a base or conditional fee), terminable on the cesser of the use for condemnation purposes.</p> <p>7. In such case, while the boom company did not acquire title to the water, it did enjoy a certain use of it, and while it remained in the company’s dam, its use as to adjoining owners wag exclusive.</p> <p>8. If a riparian owner has suffered damage he has an adequate remedy at law.</p> <p>9. If the boom company is misusing its corporate franchise, the matter may be inquired into by the State, but not by a bill in equity