Helfrich v. Catonsville Water Co.

Bryan, J., delivered the opinion of the Court. The Catonsville Water Company was incorporated by the Act of 1886, chapter 100. It was chartered for the purpose of enabling it to supply with pure water the inhabitants of Catonsville and the adjoining portion of Baltimore County. In pursuance of its charter it has acquired a tract of land, and constructed at large expense a dam and reservoir, water-works, mains and pipes; and is engaged in supplying a large number of people with water for drinking and other necessary purposes.

A ²⁷⁴ pure, clear, natural stream of fresh water flows through and along the land of Samuel D. Helfrich, and through the land of the Water Company, which is situated about a hundred and forty perches further down the stream, and is the principal sottrce of supply for the purposes of the company’s business. A hill of complaint was filed by the Water Company on the equity side of the Circuit Court for Baltimore County, in which it was alleged that Helfrich permitted a large number of his cows to enter said stream, and stand therein, and that they dropped their excrement, dung and filth into its waters, and greatly polluted and befouled them, and that in consequence of such deposits, when the stream flowed through the Water Company’s land and supplied its works, the purity of the water was greatly impaired, and it was rendered unhealthy and unfit for drinking purposes. On these grounds an injunction was prayed and granted, restraining Helfrich from permitting cows or other animals to enter or stand, in the stream, and to drop or deposit therein any excrement, dung or filth, or in any manner to pollute or befoul it. The injunction as granted, also prohibited the erection of a hydraulic ram; but (as we shall see) this question is not now presented by the record.

After answer and testimony, the Court on final hearing made the injunction perpetual so far as it related to the pollution of the stream, and dissolved it as to the erection of the hydraulic ram. The defendant appealed to this Court. Helfrich’s lot is on the south side of the Frederick Turnpike, about one mile west of the village of Catonsville, and about half a mile from the Water Company’s property. The lot has been used by the owner as a pasture for his cows, and so .far as the evidence shows, it seems to be .well adapted for such a purpose, being well provided with shade, grass and water.

Helfrich at the time the injunction was issued, owned'six ²⁷⁵ ■cows, and it appears that he used his lot for the purpose of pasturing them in the way a proprietor under ■ordinary circumstances might reasonably use his own property. The question seems to be whether his rights have been in any way abridged or diminished by the incorporation of the Water Company, and the construction of its works. The rights of riparian owners are well understood, and there is, a general concurrence of ■opinion in the Courts as to the manner in which they must be exercised. The law on this subject is strictly in accord with the common sense- and general convenience of mankind.

The .owner of land has a right to the use of a stream of water which flows through it, for all useful and reasonable purposes. This use is not an easement, but. is an incident to his property in the soil; a . necessary, inherent and inseparable portion of his ownership. But there is an equality of right in other riparian owners above and below him op the same stream; and from the necessary conditions of the case, they must not use the water to the prejudice of each other’s rights. Hence difficult questions frequently arise; not as to the •ascertainment of the principle of decision, but as to its application to interests which are in collision.

It is laid down in general terms that every owner has the right to enjoy the stream of water which flows through his land in its natural state, without diminution to its flow, quantity