Kislinski v. Gilboy

Citations

• 19 Pa. Super. 453
• 1902 Pa. Super. LEXIS 128

Syllabus

<p>Water — Water course — Definition.</p> <p>A water course is a stream of water usually flowing in a definite channel having a bed and sides, or banks, and discharging itself into some other stream, or body of water. A mere drainage over the general surface of land is very different from the flow of a stream or brook across the premises of another. In general the channel and banks formed by the flowing of the water must present to the eye on a casual glance the unmistakable evi:dence of the frequent action of running water; but the water need not flow continually.</p> <p>Whether a natural water course or not, is a mixed question of law and fact, and where the essential facts are in dispute they must be decided by 'the jury under proper instructions by the court as to the law.</p>