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Beals v. Robertson

Supreme Court of Pennsylvania
Apr 14, 1947
52 A.2d 316 (Pa. 1947)

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.


Summaries of

Beals v. Robertson

Supreme Court of Pennsylvania
Apr 14, 1947
52 A.2d 316 (Pa. 1947)

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.
Case details for

Beals v. Robertson

Case Details

Full title:Beals et ux., Appellants, v. Robertson et ux

Court:Supreme Court of Pennsylvania

Date published: Apr 14, 1947

Citations

52 A.2d 316 (Pa. 1947)
52 A.2d 316

Citing Cases

Taylor v. Harrison Construction Co.

However, he may not obstruct a natural channel for the flow of water, nor may he gather surface water into a…

Shamnoski v. PG Energy a Division of Southern Union Co.

In such a case, the servient owner "may recover for any damage thereby inflicted." Id. See also Beals v.…