Opinion

Brown v. Kistler

  • 190 Pa. 499
  • 42 A. 885
  • 1899 Pa. LEXIS 1051
Court
Supreme Court of Pennsylvania
Filed
Mar 27, 1899
Status
Published
On the bench
Dean, Fell, Green, McCollum, Mitchell
Cited by
5 cases
Authority
More cited than 76.0%

The opinion

Per Curiam,

The questions at issue in this case wer,e essentially questions of fact. They were very carefully submitted to the jury and determined by the verdict. We think the learned court below kept within the limits of the decisions in defining the rights of owners as to percolating or seeping water, and charged the jury correctly as to the right of the owner to divert the water by *509 reasonable use of the same, even if by such use a lower owner might be somewhat injured. The jury found under the charge that there was no unreasonable diversion of the water in this respect.

Judgment affirmed.

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