Taylor v. Canton Township

Citations

• 30 Pa. Super. 305
• 1906 Pa. Super. LEXIS 65

Syllabus

<p>Practice, C. P. — Statement of claim — Amendment.</p> <p>An amendment of a statement of claim, which is simply a restatement of the grounds upon which the plaintiff seeks to recover, is permissible.</p> <p>Damages — Flood—W aters.</p> <p>In an action to recover damages to crops caused by a flood, the testimony should be confined to the amount of damage sustained at the time of the injury. It is error to prove the value of the crops when harvested.</p> <p>In an action against a township to recover damages for injuries to crops injured by a flood alleged to be due to a change in a highway, the township is liable only if there was actual negligence in the doing of what the road commissioners, in the exercise of their judgment, determine to be best.</p> <p>Evidence — Irrelevant testimony.</p> <p>Because a portion of the testimony of a witness has been admitted, is no reason why the witness should be allowed to continue to testify, after objection, to what is irrelevant to the issue.</p> <p>Waters — Flowage—Easement—Dominant and servient tenements.</p> <p>Because water is descendible by nature, the owner of a dominant or superior heritage has an easement in the servient or inferior tenement for the discharge of all waters which by nature rise in, or flow or fall upon, the superior. The discharge of such water is to be made in a manner in which nature has provided. If. a new course is made, different from that which nature has provided, and the discharge is thereby made to fall, upon a different place, and in a different manner, so as to cause damage to the owner of the servient tenement, the owner of the superior or dominant tenement wrill be liable.</p> <p>Road commissioners may for the protection of a roadbed collect waters which would naturally flow upon lower land, and direct their flow by their own force and volume upon the lower tenement in such a way as to preserve the road, if they do not thereby change their course to the injury of the owner of the lower tene