Wagner v. Purity Water Co.

Citations

• 50 Pa. Super. 500
• 1912 Pa. Super. LEXIS 85

Syllabus

<p>Waters — Diversion of waters — Water company — Trespass—Eminent domain.</p> <p>An owner of a gristmill may maintain an action of trespass against a water company to recover damages for the impairment of the water supply to the mill, where it appears that the diversion of the water occurred only during four months of the year, was not a diversion of all of the water, and not of a permanent character, and that the defendant had instituted no proceedings to condemn the water. In such a ease the fact that the defendant laid its pipes before the plaintiff acquired title does not defeat plaintiffs right of action.</p>