Spink v. Schuylkill Navigation Co.

Citations

• 240 Pa. 619
• 88 A. 10
• 1913 Pa. LEXIS 725

Syllabus

<p>Landlord 'and tenant — Grant, of water rights — Construction— ' Prescriptive rights — Equity—Findings of Fact.</p> <p>1. Where a navigation company granted, to a mill owner the : right to, take a fixed quantity of water from á canal,'reserving ..the right to install appliances for.limiting the amount of water .taken, and also reserving certain rights and privileges to guarantee the collection of the water rent and to ’ ascertain the. correct flow of the water, the relation of landlord and tenant was established and the tenant could not thereafter contend that he had acquired' á prescriptive right to take more water than the deed .-.called for, .'merely because he' had for some time'drawn more -water than was specified in the deed, especially where it appeared ¡.that .bills bad been ..rendered for. tiie water so taken, -which- the tenant had paid, and where the court found that the contention of the tenant that the navigation company had waived, lost or aban- '' donéd' its right to limit the amount of water drawn through the aperture’in question was not’sustained by the facts.</p> <p>2. Findings 'of fact by- a chancellor will not be reversed in the .absence.of clear error.</p>