Summary
holding that upper land owners "may not concentrate and increase the flow of waters by artificial means" without liability for resulting damage to servient property
Summary of this case from Shamnoski v. PG Energy a Division of Southern Union Co.Opinion
March 24, 1947.
April 14, 1947.
Before MAXEY, C. J., DREW, LINN, STERN, PATTERSON, STEARNE and JONES, JJ.
Appeal, No. 22, March T., 1947, from decree of Superior Court, affirming decree of C. P., Somerset County, Sept. T., 1944, No. 1, in case of John H. Beals et ux. v. William A. Robertson et ux. Decree affirmed.
Same case below: 159 Pa. Super. 325.
Bill in equity. Before BOOSE, P. J., without a jury.
Decree entered dismissing complaint and refusing injunction. Plaintiffs appealed to the Superior Court which affirmed the judgment of the court below. Appeal by plaintiffs to Supreme Court allowed.
Charles H. Ealy, with him Leland W. Walker and Uhl, Ealy Uhl, for appellants.
Frank S. Lucente, with him Boose, Coffroth Boose, for appellees.
Argued March 24, 1947.
The Decree of the court below is affirmed on the opinion of Judge ARNOLD of the Superior Court; costs to be paid by the appellants.