Sandusky Portland Cement Co. v. Dixon Pure Ice Co.

Citations

• 221 F. 200
• 1915 U.S. App. LEXIS 1307

Syllabus

<p>1. Waters and Water Courses <§=>42—Rights of Riparian Owners.</p> <p>Each riparian owner is entitled to the reasonable use of the water of a river, including any use of the water which does not essentially or materially diminish the quantity, corrupt the quality, or so detain it as to deprive other proprietors or the public of a fair and reasonable participation in its benefits.</p> <p>.[Ed. Note.—For other cases, see Waters and Water Courses, Cent. Dig. §§ 33, 34; Dec. Dig. <§=»42.)</p> <p><§^>For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>2. Waters and Water Courses <@=77—Pollution—Actions—Burden of Proof.</p> <p>The burden was on a riparian owner, seeking to enjoin an upper riparian owner from discharging hot water into the stream, thereby retarding the formation of ice, to show that its damages were substantial, and caused by the unreasonable acts of the upper owner.</p> <p>[Ed. Note.—For other cases, see Waters and Water Courses, Cent. Dig. §§ 65, 66; Dec. Dig. @=>77.] ■ '</p> <p>3. Waters and Water Courses <@=>77—Pollution—Actions—Sufficiency of Evidence.</p> <p>Where it would result in great, hardship and expense to restrain a riparian owner from emptying heated water into a river, its unreasonable use of the water and the injury to a lower riparian owner must be clearly established.</p> <p>[Ed. Note.—For other cases, see Waters and Water Courses, Cent. Dig. §§ 65, 66; Dec. Dig. @=77.]</p> <p>i. Waters . and Water Courses <@=>65 — Pollution — Unreasonable Use of Water.</p> <p>It was an unreasonable use of the water of a river, and an unwarranted interference with the riparian rights of a lower owner, engaged in tlie business of taking ice from such river, for a riparian owner operating a factory to discharge into the river several million gallons of water per day taken therefrom for cooling purposes, so heated that it retarded the formation of ice and made it impossible for the lower owner to conduct its ice busine