Fredericks v. Pennsylvania Canal Co.

Citations

• 148 Pa. 317
• 23 A. 1067
• 1892 Pa. LEXIS 977

Syllabus

<p>Eminent domain — Gonstitution, article XVI, section 8.</p> <p>A canal company, which places upon its dam permanent splash-boards, having the effect of raising the water, and hence increasing the area of the dam, is liable to a property owner under article XVI, section 8 of the constitution, for the injury resulting from the consequent increased overflow of his land occasioned by this “ enlargement of their works.”</p> <p>Practice — Amendment of narr — New cause of action.</p> <p>The narr originally filed having alleged damage occasioned by the use of splashboards on the dam, an amendment, setting forth that the overflow was also caused by the closing oí a chute in the dam, did not introduce a new cause of action and was therefore properly allowed.</p>