Gillison v. City of Charleston

Citations

• 16 W. Va. 282
• 1880 W. Va. LEXIS 28

Syllabus

<p>i Where a city in grading its streets by cutting ditches and drains collects surface-water and casts it in a body upon the lot or ground of the proprietor below, unless it is so cast into a natural water-course, the proprietor sustains a legal injury, and may recover in an action therefor.</p> <p>2. It is the duty of a city in making improvements upon the streets, to use such sldll, that improvements so made shall not change the course of the surface-water in such manner as to materially injure the property adjoining thereto.</p> <p>3. To maintain an action of trespass for an injury to real estate, it is necessary to allege and prove possession, either actual or constructive, in the plaintiff at the time the injury was done.</p> <p>4. The same rule applies to an action on the case brought to recover damages for such injury done to real estate.</p>