White v. Philadelphia & Reading Railway Co.

Citations

• 46 Pa. Super. 372
• 1911 Pa. Super. LEXIS 280

Syllabus

<p>Railroad, — Construction of road — Damages—Waters—Sewers.</p> <p>1. Where a railroad company acquires the right to construct its line at the natural grade of the surface, or above, or below the same, it has the right to interfere with the natural flow of the water resulting from rains or melting snow, and for any injury from the exercise of this right as the necessary consequence of the construction and maintenance of the road, a landowner cannot recover in the absence of anything to show that the railroad company had been guilty of some unlawful act or of negligence in the construction and maintenance of its line.</p> <p>2. The owner of a city lot is not liable in damages for the natural flow of surface water from his lot into the cellars of the houses on the adjoining lots even though the water might be drained away by connection with the city sewer.</p> <p>3. A railroad company is not required to pave the entire surface of its right of way and make it waterproof so that cellars abutting upon it may not become damp.</p>