Philadelphia & Reading Railroad v. Pottsville Water Co.

Citations

• 182 Pa. 418
• 38 A. 404
• 1897 Pa. LEXIS 826

Syllabus

<p>Waters — Rights of riparian owners.</p> <p>Riparian owners have no ownership of running water, and no right to divert or sell it for general use, and are limited in their own use of it to ordinary domestic purposes.</p> <p>Water companies — Lease—Riparian owners.</p> <p>The right which a water company has acquired in a stream by a lease from a riparian owner, and not by the exercise of the right of eminent domain, has no greater dignity than the right of the riparian owner himself.</p> <p>Water companies — Corporation—Rights of company as riparian owner.</p> <p>When a corporation clothed with the right of eminent domain takes the water of a stream for its corporate use, not by an exercise of its right as such, but by virtue of its right as a riparian owner, it has no other or higher right in the water than an ordinary riparian owner, and it matters not what the needs of its business are for the water so used.</p> <p>Water companies — Railroad companies — Waters—Riparian owner — Lease.</p> <p>A court of equity will not enjoin a water company having the right of eminent domain from taking water from a stream, where it appears that the plaintiff is a railroad company claiming a right to the water for the use of its locomotives, under a lease from a riparian owner.</p>