Irving v. Burgess & Town Council

Citations

• 194 Pa. 648
• 45 A. 482
• 1900 Pa. LEXIS 457

Syllabus

<p>Waters — Boroughs—Diversion of water.</p> <p>A borough has no right, through a contract with an upper riparian owner, to divert the waters of a stream to its waterworks, to the injury of a lower riparian owner, without making proper compensation to the latter for the injury inflicted.</p> <p>The fact that a borough has taken water from a stream for twenty-one years will not affect the right of a lower riparian owner to recover for injuries caused by the taking of an additional quantity of water, through the extension of the borough’s waterworks.</p> <p>Waters — Boroughs—Diversion of water — Remedy.</p> <p>Where a borough has not compensated a lower riparian owner for a diversion of water to a waterworks, the latter has a common-law action against the borough for the injury sustained.</p>