Upper Ten Mile Plank Road Co. v. Braden

Citations

• 172 Pa. 460
• 33 A. 562
• 1896 Pa. LEXIS 799

Syllabus

<p>Eminent domain — Turnpike companies — Waters—Title to spring within limits of right of way.</p> <p>The title to the water of a spring within the right of way of a turnpike company is in the owner of the fee, who has the right to use the whole of the water, to conduct it by pipe wherever he desires, to consume it, to sell it, or to waste it.</p> <p>The turnpike company has no easement in the spring. It has a right of way for public travel over the land upon which the waters of the spring descend, and for the purpose of preserving its roadbed in a condition suitable for travel it may drain the water off; but the right is one of drainage of the roadbed only, and does not involve the right to appropriate, or take exclusive possession of the spring itself, or to exclude the owner therefrom.</p>