Flaherty v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.

Citations

• 63 Pa. Super. 622
• 1916 Pa. Super. LEXIS 229

Syllabus

<p>Railroads — Eminent domainr — Wat'trs—Damages—Release.</p> <p>Where a railroad company a.cquirerj the right to construct its line at the natural grade of the surface, or above or below the same, it has the right to interfere with the natural flow of water resulting from rains or melting snow, and for any injury from the exercise of this right, as the necessary consequence of the construction and maintenance of the road, a landowner cannot recover in the absence of anything to show that th<3 railroad company has been guilty of some unlawful act or of negligence in the construction and maintenance of its line; and particularly is this the ease where, the predecessors in title to the land affected have given a general release.</p>