Robert Cooper Grier

“ The water is to be delivered to each by a pipe or tube of equal diameter at the same level. The mode of conducting it by either party to the place of its use is not prescribed. Each might have had his share delivered into a tank or cistern of his own placed along side of the common cistern, which would have been probably the best plan. The United States were permitted to conduct their share of the water through the lands of the grantors 'by tubes or pipes' without any restriction as to the size of them. ”

“ The United States used the water for ornamental purposes on the parade at intervals for a number of years, when the supply of water would permit. The centres of the holes in the cistern from which the water is taken to the reservoir and to Mr. Irwin's factory, are on the same level, and the centres of the pipes are on the same level, but the difference in the diameter of the pipes throws the United States pipe about three fourths of an inch below Mr. Irwin's pipe. The diameter of Mr. Irwin's pipe is an inch bore, I should judge. ”

“ The appellant, James Irwin, was respondent below to a bill filed by the United States, in the nature of a bill 'quia timet,' in which Irwin was charged with threatening to cut off certain pipes conveying water to the United States Arsenal, near Pittsburg. The whole merits of the case are involved in the construction to be put on a certain deed under which the United States claimed to have a right to 'one half of the water' delivered from a certain spring or reservoir. ”

“ James Irwin's factory is supplied; the distance from the spring to the reservoir of the arsenal is five hundred and forty-seven yards or thereabouts; the ground is somewhat broken or uneven. There are three ravines; the first ravine, from summit to summit, is about two hundred feet wide, and from twenty-five to thirty feet deep; the second is about one hundred feet wide and about fifteen feet deep; the third is about fifty feet wide and from eight to ten feet deep, that is the width and depth at the point where the United States pipes pass; the pipes follow the inequalities of the ground ”

“ The copper adjutage is however seven eighths of an inch below, while the point of discharge is lower by at least sixty-perhaps one hundred feet-thus conferring the twofold advantage of a greater head and a more rapid chute.
Supposing however that the water was, by the terms of the contract, to be gauged by equal orifices, it has been settled, as already shown, by the Supreme Court of Pennsylvania, in the case of the Schuylkill Navigation Company v. Moore, that no artificial contrivance can be resorted to, for the purpose of increasing the volume of discharge at the point of delivery. ”

“ The answer further admits that the complainants did enter and construct a common vessel or reservoir, as allowed-that the same was pierced with two circular holes, of equal diameter and elevation, for the use of the respective parties, and that the complainants did proceed to lay through the premises of the grantors a pipe for the conveyance of the water from one of the said holes or orifices. ”