The Law of Railways: Embracing Corporations, Eminent Domain, Contracts, Common Carriers of Goods And Passengers, Constitutional Law, Investments, &c., Ec., Telegraph Companies

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& Reading Railw. v. Yeiser, 8 Penn. St. 366 ; s. c. 2 Am. Railw. C.
325 ; Aldrich v. Cheshire Railw., 1 Foster, 359 ; s. c. 1 Am. Railw. C. 206 ; Mason V. Kennebec & Port. Railw., 31 Maine, R. 215. See also Furniss v. Hudson River Railw., 5 Sand. 551 ; Huyett u. Phil. & Read. Railw., 23 Penn. St. 373 ; ante, §§ 71, 72. See also Lafayette Plank Road Co. v. New Albany &c. Railw, Co., 13 Ind. R. 90.
° Aldrich v. Cheshire Railw., supra. But see Lawrence v. Great Northern Railw., 4 Eng. L. & Eq. 265
....
So, also, where the company's works cut off a spring of water, below high- watgr mark, on a navigable river, it was held the riparian owner was entitled to claim damages of them on thfit account, in a proceeding under the statute. Le- high Valley Railw. v. Trone, 28 Penn. St. 20|.
VOL. I. 19 . *154 290 EMINENT DOMAIN. § low the surface, from which the plaintiff's buildings had been supplied with water.
5. But it was held, that where, in the construction of a canal, with waste weirs, erected by direction, and under the inspection of the commissioners appointed to designate the route of the canal, with all the works connected therewith, and to appraise damages, the waste water, after flowing over the land 'of adjoin- ing proprietors, flowed upon the land of the plantiff, and thereby greatly injured, it, that he was entitled to recover damages.^ But the occasional flow of land by water caused by public works is to be estimated as part of the damages under the English statute.'^ * 6.


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