Woolheater v. Mifflin Township

Citations

• 74 Pa. Super. 557
• 1920 Pa. Super. LEXIS 198

Syllabus

<p>Road law — Construction- of highways — -Diversion of water — In-furies to land — Evidence.</p> <p>A township is not responsible for damages caused by water which naturally drains over the land of one of its property owners. Such owner must take care of water which naturally flows upon his land, hut a township cannot divert water to his land or increase the area of the watershed draining on his premises.</p> <p>While under the Act of June 13, 1836, P. L. 560, section 32, supervisors are given large powers in relation to drains and ditches along public roads, they are not authorized to close up a natural watercourse which drains certain property, and turn it into another course to the detriment of the property holder.</p> <p>Where township supervisors divert the drainage from one street and turn it into another street, from where it flows over the plaintiff’s property, they will be responsible for damages incurred.</p> <p>Damages — Excessive verdict — Review—Practice, Superior Court.</p> <p>The question of the amount of a verdict will be reviewed by the Superior Court only when it is so grossly excessive as to shock the court’s sense of justice, and where the impropriety of allowing a verdict to stand is so manifest, as to show an abuse of discretion in the lower court, in refusing to set it aside.</p>