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September 30, 1893


JAMA. 1893;XXI(14):502-503. doi:10.1001/jama.1893.02420660032007

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Hospitals and homes for the sick are recognized as lawful institutions, to be fostered and encouraged, and not to be discouraged or repressed. But now comes the novel and important question as to whether one who sinks an artesian well upon his own land, and uses the water to bathe the patients in a sanitarium or hospital erected by him on the premises, is liable to injunction and damages for allowing the water to flow into a stream which is the natural water course of the basin in which the artesian well is situated, the owner being free from negligence or malice, and using all due care in avoiding injury to his neighbor. This was exhaustively considered by the Supreme Court of Indiana in the case of Barnard v. Shirley, decided June 6, 1893, reported in the advance sheets of 34 "Northeastern Reporter," 600. No principle of law is better

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