Dennison v. Somerset & Cambria Railroad

Citations

• 21 Pa. Super. 248
• 1902 Pa. Super. LEXIS 345

Syllabus

<p>Railroads — Diversion of waters in a street — Trespass—Joint tortfeasors.</p> <p>Where a railroad company in constructing its road changes the grade of a street, diverts the natural flow of the water, and carries the water through a box drain under the road to the land of an adjoining owner, and the water is then carried on to the land of a third person, the railroad company is liable to such third person for injuries sustained, although (1) the owner of the land upon which the water is first thrown consents thereto, and, although (2) the borough has consented to the construction of the drain and may be itself liable for the injuries, and although (3) other landowners may have contributed to the injury by making connection with the gutter so that refuse matter from their properties are carried through the box drain.</p>