Gallagher v. City of Philadelphia

Citations

• 4 Pa. Super. 60
• 1897 Pa. Super. LEXIS 82

Syllabus

<p>Waters and waterworks — Use of waters of Schuylkill river.</p> <p>The rights of the public for navigation are superior to those of the city of Philadelphia under the Act of 1807 and its contracts with the navigation company, except as respects the use of water for drinking and domestic uses.</p> <p>Waters of Schuylkill river — Damages—Province of court and jury.</p> <p>Where the uncontradicted evidence establishes the fact that the owner of a canal boat, navigating the Schuylkill Canal, has suffered delay by reason of the city of Philadelphia pumping water for other than drinking and domestic purposes, the jury was properly instructed that the plaintiff was entitled to recover for the actual, immediate and direct loss.</p> <p>Waters and waterworks — Depletion of Schuylkill river— Cause of action.</p> <p>The question in a suit against the city of Philadelphia for depleting the waters of the Schuylkill river is whether there was a substantial and injurious interference with ordinary and customary navigation produced by pumping water from the Fairmount pool, for other than drinking and domestic purposes. In seasons of drought the top level of the dam does not necessarily measure the height of water necessary for navigation.</p> <p>Depletion of Schuylkill — Special injury — Question for jury.</p> <p>Where the undisputed evidence discloses a special and particular injury to a person navigating the Schuylkill Canal it is not necessary to submit that question to the jury.</p> <p>Practice, G. P Trial — Answer to point — Charge of court.</p> <p>Where the instructions asked for in a particular point are substantially answered in the general charge, the assignment for error of the refusal of that point is untenable. A judge is not obliged to affirm correct legal propositions in the exact phrase asked for.</p> <p>Waters and waterworks — Manufacturing and domestic uses of water.</p> <p>Manufacturing uses of water do not become domestic uses because the product of the manufact