Matlack v. Callahan

Citations

• 25 Pa. Super. 454
• 1904 Pa. Super. LEXIS 92

Syllabus

<p>Waters — Natural water course — Obstruction—Bights of upper riparian owner.</p> <p>A lower riparian owner is bound to receive water as it naturally flows from the land of an upper riparian owner, and permit it to pass without artificial obstruction, whether that obstruction results from intentionally damming the stream, or the construction of an artificial substitute for the natural channel. For any injury resulting to the property of the upper owner from an interference with this easement, the lower owner must answer in damages.'</p> <p>Where the lower owner has taken title to property through which his predecessors in title has constructed an artificial drain as a substitute for a natural water course, the lower owner is liable to the upper owner for a flooding of the latter’s land, whether such flooding is caused by a faulty construction of the inlets to the drain in a street on the lower owner’s property, or by reason of the drain confining the water to a straight channel instead of allowing it to spread, or by reason of an increased flow of water caused by the erection of buildings and the macadamizing and construction of streets and inlets therefrom.</p> <p>The mere fact that township authorities have repaired a manhole to a private drain under a public highway is not sufficient to show that the township has assumed control of the drain and adopted it as part of the drainage system. The repair of such a manhole is but an incident of the maintenance of the highway for which the township is liable.</p>