Miller v. Hanover & McSherrytown Water Co.

Citations

• 240 Pa. 393
• 87 A. 706
• 1913 Pa. LEXIS 682

Syllabus

<p>Waters — Injury to riparian rights — Permanent injury — Trespass — Measure of damages.</p> <p>1. Tbe diversion of a stream without paying or securing compensation to a lower riparian owner is a trespass, and where tbe injury is of a permanent character there may be a recovery in an action of trespass on that basis, and the depreciation in value of tbe land injured is tbe proper measure of damages.</p> <p>2. A case permitting a recovery for the depreciation of the value of a farm is made out where the defendant, an upper riparian owner, had constructed a dam and water plant structures on its own land and had diverted a third of the usual flow of a stream from its natural channel, thereby limiting plaintiffs use of the water for motive power. .</p>