Davis v. Hamilton

Citations

• 6 Pa. Super. 562
• 1898 Pa. Super. LEXIS 197

Syllabus

<p>Grant — Restrictive application of the grant not favored.</p> <p>A construction of a grant which would restrict the grantee to the specific use for which the grant is first applied is not favored, and will not be adopted unless the language of the grant unmistakably indicates an intention to restrict the use.</p> <p>Waters and watercourse — Grant not restricted to primary uses.</p> <p>A grant gave the grantee and his heirs and assigns “ the free use and privilege of a certain stream of water that now runs through other lands ” of the grantor, “ and the unobstructed right of conveying the said water in an open race or watercourse to the saw, plaster and feed mill as it is now running, with the right of entering upon said premises at any and all times to cleanse, scour and repair the said race and watercourse.” Held, That the successors in title of the grantor have no right of action against the grantee or his successor in title for changing the use to which the water is put after he receives it, nor for trespass on grantor’s land to maintain and repair the watercourse to supply water for such changed use.</p>