Macartor v. The Graylyn Crest Iii Swim Club, Inc.

187 A.2d 417 (1963)

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Nature of the Case

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Facts

Ps' home as a water supply a bricked well 4 feet 7 inches long, 2 feet 11 inches wide, and just over 4 feet deep. Things were going great for Ps until D leased land across the street and constructed a swimming pool with accompanying facilities. D dug a well that was about 200 feet from Ps' but D's was sunk about 200 feet deep and passed through solid rock below the 42-foot level. It cost D about $ 2,500. The first 42 feet of the well are encased in steel. D began pumping operations to fill its pool. Ps' water fell below the intake pipe at least by the next morning. Ps filed this action and the court rejected the English rule of absolute ownership of percolating water. It was contended on affidavit by Ps' expert, and denied by D's that there was a hydrological connection between the two wells. At the trial D's expert agreed with P's expert that such a connection did exist. Both wells are drawing from a common pool or reservoir of water. D's pool requires about 240,000 gallons and three weeks to fill the pool. Ps well would remain unusable during that time as well as intermittently during topping off during the swimming season.