246 Pa. 560 | Pa. | 1914
Opinion by
Through this bill in equity, filed by the plaintiff, he sought to restrain the defendants from building a dike to prevent the waters of the Allegheny river, at times of unusual flood, from overflowing portions of the Borough of Ford City. The facts are not in dispute, and in so far as they are material, are substantially as follows. The Borough of Ford City, having some five thousand inhabitants, and containing from eight hundred to one thousand buildings, and certain large manufacturing establishments, one of which is the plant of the Pittsburgh Plate Glass Company, is situated on the east bank of the Allegheny river, and stands for the most part upon low lying bottom land. To the north of the borough is located the small village of McCain and between it and Ford City flows a small stream known as Fort Run, which empties into the Allegheny river through two small culverts Tinder the embankment of the Penn
The learned judge of the court below in a very carefully considered opinion, has analyzed the situation and has shown the imperative need for the adoption of some such method as is proposed, for the protection of the property of the citizens of Ford City and the vicinity^ from the periodical ravages of floods. As he well says, it would be unreasonable to prevent the owners of low lands, such as that of the plaintiff, and the Graff field,
Between the method of raising the level of individual lots, and the building of a dike which will protect the entire area concerned from the. threatened danger, we can see no essential difference in principle. While each owner may of course act for himself, yet it is manifestly to the interest of all, to combine and share the expense of constructing a dike by which many properties may be protected. The plaintiff and his immediate neighbors can employ the same method of defense against flood waters, if they see fit to do so. If they will do nothing to protect themselves, we can see no sound principle of law which justifies them in standing .in the way of others whose necessities compel them to act.
We agree with the conclusion reached by the court below, that lowlands such as the Graff tract, and the parts of Ford City here involved, having become urban property, and lying along the Allegheny river, a navigable steam, owe no servitude to other adjoining lands, lying up stream but equally as low, or lower, to carry off, without interference, extraordinary flood waters, resulting from rainfall or the melting of snows, which oc
Such an overflow of the waters is properly to be regarded as the advance of a common enemy, to be resisted by each proprietor as best he may.
The assignments of error are overruled and the decree of the court below is affirmed. This appeal is dismissed at the cost of the appellant.