Mott v. Consumers' Water Co.

Citations

• 188 Pa. 521
• 41 A. 611
• 1898 Pa. LEXIS 638

Syllabus

<p>Waters — Diversion of waters— Water company.</p> <p>Where a water company lakes title to a lake and a dam in a stream which is an outlet ol the lake, over which dam is an ancient roadway, and the company is charged by the conveyance with the duty of maintaining the dam and the roadway, it may stop the flow of the water for a reasonable time to make repairs to them, but it has no right to shutoff the water so as to make material changes in the dam, whereby the water in the lake above the dam may be raised, and at times, entirely shut off; and i£ it shuts off the water for such purpose a lower riparian owner who is injured may recover actual damages from it.</p> <p>In an action against a water company to recover damages for the obstruction and diversion of water, the plaintiff may testify as to conversations between himself and the officers of the water company, for the purpose of showing that he had not acquiesced in the invasion of his rights.</p>