Eshleman v. Martic Township

Citations

• 152 Pa. 68
• 31 W.N.C. 180
• 25 A. 178
• 1892 Pa. LEXIS 1172

Syllabus

<p>Trespass — Drainage—Measure of damages — Evidence.</p> <p>The measure of damages in cases of injurious trespass, by water flowing from a public highway, is the cost of remedying the injury unless that equals or exceeds the value of the thing injured when such value becomes the measure. Evidence of the market value of the property, with and without the water flowing over it, is not appropriate to such case.</p> <p>Surrender of easement — Authority of supervisor — Nonuser.</p> <p>Where a township has acquired an easement to flow water over certain land, whether by grant or prescription, more than a mere nonuser for three years is required to destroy it. Nor is it within the power of one supervisor to grant a surrender of it. A transaction in which a valuable right of the township is relinquished without compensation is not within the scope of powers and duties which are merely ministerial.</p> <p>Repair of ditches — Duty of township.</p> <p>Where a township gives permission to a property owner to dig a ditch to drain water from the highway across his land in a certain direction, for his own convenience and upon terms, it is a question for the jury to determine from the evidence on what terms the permission was given, and whether the burden of keeping the ditch in repair was cast upon the township.</p>