Klenzing v. Allday

Citations

• 63 Pa. Super. 304
• 1916 Pa. Super. LEXIS 155

Syllabus

<p>Waters — Ownership of ice — Pollution of stream — Rights of ri■> parían owners.</p> <p>Ice is the property of the riparian owner, and he has the sole right to take it, with the single qualification that it is not to he taken in such quantities as to appreciably diminish the head, of the water below.</p> <p>Where an owner dams up a natural water course and forms on his own land an artificial pond for the production of ice, which he cuts, stores and sells, and he loses the sale of the crop of a whole season because of the contamination of the stream by an upper riparian owner, he is entitled to recover the amount of his loss from the person who contaminated the' stream.</p>