35 Pa. Super. 529 | Pa. Super. Ct. | 1908
Opinion by
The plaintiff’s action is for damages for the wrongful diversion of water from a public highway onto his land by the supervisors of the township. His allegation is that a ditch was cut along the side of the road through an elevation of the ground, thirty years ago or more, by means of which the surface water accumulating on the road and adjacent land Was carried down the road and away from the plaintiff’s land; that this ditch was closed in August, 1905, by the supervisors, the result of which was that the surface water was diverted into his field. The plaintiff admits that the natural drainage of the road was onto his land before the ditch was made"and that with the ditch closed the water would naturally drain onto his land at the point where the supervisors turned it. It further appears that while the ditch was open, when a heavy rain occurred a large quantity of water flowed from the road in that direction; that a ditch was washed out by the water in the plaintiff’s field and that he made an obstruction of stumps and earth to stop this flow. A natural ridge or elevation in the highway was the cause of the drainage of the road onto the plaintiff. This
The judgment is affirmed.