James v. West Chester Borough

Citations

• 220 Pa. 490
• 69 A. 1042
• 1908 Pa. LEXIS 418

Syllabus

<p>Waters — Boroughs—Appropriation of water — Damages—Viewers.</p> <p>Damages occasioned by the taking of water to supply a municipality are to be estimated as of the time of the taking, and are to include the amount of water, the right to divert which is taken, irrespective of the amount actually diverted.</p> <p>Where a borough council adopts a resolution appropriating an entire stream, but by a supplemental resolution limits the amount of water to be taken per day not to exceed a stated number of gallons, and five years thereafter a lower riparian owner whose property had been injured by the diversion of water, files a petition for the appointment of viewers, the jury in determining the damages must limit their consideration of the question to how much the property was reduced in value by reason of the appropriation and withdrawal from the stream of the number of gallons specified in the supplemental resolution.</p> <p>Damages — Unreasonable demand.</p> <p>In such a case if the petitioning landowner made an exorbitant and unreasonable demand, so that reasonable settlement with him was impossible, the court may properly instruct the jury that the damages should not be increased because of delay in the settlement.</p> <p>Where a borough makes two successive appropriations of water from the same stream, a lower riparian owner who acquired title after the first appropriation, will be entitled to no damages therefor, but will be restricted to the damages resulting from the second appropriation.</p>