Hughesville Water Co. v. Person

Citations

• 182 Pa. 450
• 38 A. 584
• 1897 Pa. LEXIS 829

Syllabus

<p>Waters — Riparian owners — Statute of limitations.</p> <p>Where several factories had been established nearly a century ago along a branch stream separated from the main stream by an island, and for over twenty-one years the upper owners have regulated the head-gates of a low dam which had been built across the main stream to regulate the flow of the water in the branch, and have controlled and operated the gates according to the necessities of their own business, without reference to the need of the lower owners on the stream, but without depriving them of water, such upper owners have no right to turn the water into the main stream so as to cut off the supply, at night or at any other time, from one of the lower owners; although the predecessors in title of such owner' may have used very little of the water for some years, and may have never used it at night. The right of the upper owner is to use, not to destroy the use by the others.</p> <p>Quaere whether a mere right to do wrong without advantage to the wrongdoer can be acquired by any lapse of time.</p>