9 Watts 119 | Pa. | 1839
The opinion of the Court was delivered by
The general rule of law is, that every man has a right to have the advantage of the flow of water, in its natural 'channel, in his own land. But in using it the owner must so apply the water as to work no material injury or annoyance, to his neighbour either above or below him. The maxim sic utere tuo ut alienurn non Isedas, applies with peculiar propriety to this class of cases. By the act of the 23d of March 1803, Oil Creek is declared a public highway. The owners of the land adjoining the stream
Judgment affirmed.