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· 7/21/1915

Hall v. Rine

Citations

  • 60 Pa. Super. 401
  • 1915 Pa. Super. LEXIS 206

Syllabus

<p>Road law — Construction of road — Diversion of water — Injuries to land — Evidence.</p> <p>Where supervisors in good faith and in the exercise' of reasonable discretion, in repairing a road, close artificial water breaks made by previous supervisors, and construct side ditches so as to conduct the surface water falling upon and draining onto the road, to a natural depression toward which the land naturally inclined, a land owner owning the land covered by the depression cannot recover damages from the township for injuries to his property, .if it appears that the work done by the supervisors did not precipitate upon his land a large body of water which did not naturally flow upon it.</p> <p>Where there are no streams and no defined water courses, but the flow is over the surface of a field or fields, a large discretion is vested in supervisors as to the most practicable and efficient method of disposing of it to the end that the roadbed may be protected from washing.</p>

Judges: Head, Henderson, Kephart, Orlady, Rige, Trexler

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