Leiby v. Clear Spring Water Co.

Citations

• 205 Pa. 634
• 55 A. 782
• 1903 Pa. LEXIS 631

Syllabus

<p>Eminent domain — Damages—Competency of witnesses — Elements of damage — Water companies — Evidence.</p> <p>Where in an action to recover damages for land taken by a water company under its right of eminent domain, witnesses called to prove the damage, disclose a familiarity with the premises and values of land in the community they are competent; and where a spring upon the land of the plaintiff is taken, a witness called in his behalf may testify as to the specific damage resulting from the taking of the spring.</p> <p>Water companies — Eights acquired by purchase of water rights — Spring —Eminent domain.</p> <p>An upper riparian owner conveyed part of his land consisting of amill and its appurtenant water rights, with a provision in the deed that the vendee should have the right to have the water of the stream flow unobstructed through the vendor’s other land, above the mill to the vendee’s land, in the accustomed or natural channel, that the vendor would not use the water for “watering and improving the meadow ground,” and that the vendor should not erect a grist or sawmill on the land owned by him. A water company thereafter acquired the mill and its appurtenant water rights. In a proceeding by a subsequent vendee of the land above the mill against the water company to assess damages for the appropriation of her land, held that she was entitled to have considered as an element of damage, the value of a spring upon her land near the stream, as affected by the right of the water company to have the water from the spring flow undiminished to its land, in the channel of the creek, as the other water did.</p>