Sharpe v. Scheible

Citations

• 162 Pa. 341
• 29 A. 736
• 1894 Pa. LEXIS 985

Syllabus

<p>Waters and water courses — Dominant and servient tenement — Artificial water course— Obstruction — Damage.</p> <p>Where an owner of land, one part of which is lower than the other, digs a ditch over both parts to serve as a surface water course, and then sells the lower part to one purchaser and the upper part to another, the former takes subject to the servitude imposed upon the land by his vendor.</p> <p>In such a case the lower owner is responsible to the upper owner for ■damages caused by the former’s obstruction of the natural flow of water.</p>