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· 5/7/1906

Strauss v. Allentown

Citations

  • 215 Pa. 96
  • 63 A. 1073
  • 1906 Pa. LEXIS 739

Syllabus

<p>Waters — Flow of surface water — Municipalities—Damnum absque injuria.</p> <p>A city is not liable to a property owner for the increased flow of surface water over or onto his property, arising merely from the changes in the character of the surface produced by the opening of streets, building of houses, etc., in the ordinary and regular course of the expansion of the city.</p> <p>Every man has the right to the natural, proper and profitable use of his own land, and if in the course of such use without negligence unavoidable loss is brought upon his neighbor, it is damnum absque injuria. This rule applies to municipalities as well as to individuals.</p>

Judges: Brown, Chibe, Mestrezat, Mitchell, Potter, Stewart

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