Wilson v. McCluskey

Citations

• 46 Pa. Super. 594
• 1911 Pa. Super. LEXIS 319

Syllabus

<p>Waters — Surface waters — Drainage—City lots.</p> <p>1. 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>Trial — Charge—Practice, C. P. — Failure to refer to testimony.</p> <p>2. Where the court in summarizing the testimony in its charge fails to refer to certain portions of it, it is the duty of counsel to call the attention of the court at the end of the charge to the-omission.</p>