Long v. Trexler

Supreme Court of Pennsylvania March 14, 1887

Long v. Trexler, 5 Sadler 456 (Pa. 1887)

8 A. 620; 1887 Pa. LEXIS 586

Opinion of the Court

Per Curiam:

The judgment in the former case was substantially for the *471diversion of the water of the same stream. It settled conclusively that the defendant below had no right to so divert it. If some other items of damage were considered in that case, it bears only on the measure of damages in this action. It does not open anew the question of right to so divert the water. The points submitted were correctly answered, and the evidence was fairly submitted.

Judgment affirmed.

Reference

Full Case Name: Manoah S. Long, Plff. in Err. v. William Trexler
Cited By: 1 case
Status: Published
Syllabus: A judgment in trespass on the case recovered by a lbwer against an upper riparian owner, for diminishing the natural itow of the stream and polluting it by ore washing and mine drainage, although entered on a verdict which did not specify the causes for which damages were assessed, is, in a. subsequent action for a continuance of the same acts, conclusive evidence that the defendant has no right to divert the water of the stream. The pollution of the stream by mine drainage is damnum absque injuria, but, although considered in the former action, bore on the measure of damages only, and did not affect the validity of the judgment for the purpose of estoppel. ‘ Note. — Similar determinations are found in Rockwell v. Langley, 19 Pa. 502; Whetstone v. Bowser, 29 Pa. 59; Bush v. Gamble, 127 Pa. 43, 17 Atl. 865; Hartman v. Pittsburg Incline Plane Co. 2 Pa. Super. Ct. 123, 39 W. N. C. 27, 27 Pittsb. L. J. N. S. 146; Hartman v. Pittsburg Incline Plane Co. 11 Pa. Super. Ct. 438. As to pollution of stream by mining operations, including drainage of mines, see Farnham, Waters, pp. 1694-1698. For a presentation of. the Pennsylvania rule, with regard to the pollution of water by the drainage of mines, see the same author at p. 1699.