Markleton Hotel Co. v. Connellsville & State Line Railway Co.

Citations

• 242 Pa. 569
• 89 A. 703
• 1914 Pa. LEXIS 693

Syllabus

<p>Wafers — Rights of riparian owner — Railroads—Use of water for locomotives — Equity—Injunction.</p> <p>1. A railroad company which has not instituted condemnation proceedings for the purpose of appropriating the water of a stream, may be restrained at the suit of a riparian owner from taking the water of the stream for the purpose of generating steam in locomotives which are merely temporarily on the land in transit to other points, although proceedings for the condemnation of land on the banks of the stream are then pending. The fact that the water of the stream is more than sufficient for the use of both parties is immaterial. Scranton Gas & Water Co. v. Delaware, Lackawanna & Western R. B. Co., 240 Pa. 604, followed.</p> <p>2. Defendant railroad company, a corporation having the power of eminent domain, laid out its right of way through a portion of plaintiff’s property and across a stream, over which was constructed a bridge, instituted condemnation proceedings for the taking of the land, filed its bond, and entered upon the construction of its road. Pending plaintiff’s appeal from the award of the viewers, defendant installed a pump, pipe line and water tank within the limits of the condemned land, and proposed to extract water from the stream for the purpose of producing steam for its locomotives and other operating purposes. The lower court, • on plaintiff’s bill in equity, granted an injunction restraining defendant “from taking or appropriating any portion of the water from plaintiff’s property for steam-producing or operating purposes of defendant’s railroad.” Held, no error.</p> <p>Practice, Supreme Court — Appeals—Assignments of error — Exceptions.</p> <p>3. Under the equity rules of the Supreme Court each assignment of error must be self-sustaining; it must show the exception taken in the court below to the ruling complained of, the action upon the exception in totidem verbis, and the pages must be stated where the matter referred to may be found in