5 Sadler 456
Decided March 14, 1887
Supreme Court of Pennsylvania · decided 1887-03-14
January Term, 1887, No. 301, E. D., before Mercur, Ch. J,, Gordon, Paxson, Trunkey, Sterrett, Green, and Clark, JJ. Error to tbe Common Pleas of Berks County to review a judgment on a verdict for the plaintiff in an action of trespass on the case. The facts, as they appeared at the trial before Ermentrout, J., are stated in his charge to the jury. The plaintiff offered in evidence, inter alia, the record of a former suit, No. 19, October term, 1877.
Affirmed · Decided 1887-03-14
¶1The 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.
¶2Judgment affirmed.