Rielly v. Stephenson

Citations

• 222 Pa. 252
• 70 A. 1097
• 1908 Pa. LEXIS 690

Syllabus

<p>Waters — Surf ace waters — Shutting out the surface flow — Improvement of lots — Damnum absque injuria.</p> <p>The owner of a lot in a city or town, in grading and improving the lot may shut out the surface flow upon his lot without any obligation on his part to prevent it from flowing over the adjacent land, or to lead it by artificial or other means to a sewer or other avenue of escape; but in making the improvement he may not proceed negligently so as to do unnecessary damage to others; nor may he obstruct a natural channel for the flow of the water, or a channel that has acquired the character of an easement; nor may he gather surface water into a body and discharge it on the adjoining land.</p> <p>On a bill in equity it appeared that the parties owned adjoining lots on an opened and paved street in a city. The land was on a sloping hillside so that the surface drainage from rain, etc., ran over both lots from the rear to the front. The defendant improved his lot first and in so doing raised the grade in parts. He did not change the character or direction of the flow nor add to the volume of it, except that in consequence of the raised grade the water which had previously spread over the surface of both lots now ran over plaintiff’s. It did not appear that the defendant was negligent in making the improvement, nor that he closed up any natural channel or any channel acquired by easement. Held, that the defendant was not liable to plaintiff for any damages by reason of an increased flow of water on the plaintiff’s lot.</p>