Meixell v. Morgan

Citations

• 149 Pa. 415
• 24 A. 216
• 1892 Pa. LEXIS 1147

Syllabus

<p>TFaier course—Dominant and servient tenements—Drainage.</p> <p>The owner of land on a higher level has a right to lay artificial drains on his land to carry off the ordinary rain fall and discharge of water at one point upon the land of his neighbor on a lower level, where that point! is the'natural watershed for both tracts, and there is an open ditch on the lower land into which the waters from the higher land naturally descend, provided the water from the drains does not materially increase the flow of water upon the land of the lower owner and work injury to him.</p> <p>The flow of water from a dominant to a servient tenement may be increased in the drainage of land, whether on the surface or underground, but care must be taken in doing so not to cause an unnecessary injury, and the water must not be diverted from its natural channel by the opening of new or different channels.</p>