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· 7/23/1897

McMahon v. Thornton

Citations

  • 5 Pa. Super. 495
  • 1897 Pa. Super. LEXIS 278

Syllabus

<p>Easement — Rule as to surface drainage of city lots.</p> <p>The rule laid down in Bentz v. Armstrong, 8 W. & S. 40, that the agricultural rule of drainage as between servient and dominant tenements cannot apply in cities and towns, has never been departed from.</p> <p>In the cities a lot owner in improving his lot must arrange to conduct the natural drainage, arising from rain or other causes, directly from it to a sewer or other appropriate place for the receipt or discharge of the same. It must not be turned or led or permitted to flow upon the lot of an adjoining owner. Failure to provide for such surface drainage will result in a cause of action to an adjoining owner.</p>

Judges: Beaver, Orlady, Reeder, Rice, Smith, Wickham, Willard

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