Rielly v. Stephenson
Supreme Court of Pennsylvania
Appeal, No. 77, Jan. T., 1908, by defendants, from decree of C. P. Luzerne Co., Dec. T., 1907, No. 4, on bill in equity in case of Cornelius M. Rielly v. Joseph Stephenson and Helen Stephenson. Bill in equity for an injunction. Before Halsey, J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 77, Jan. T., 1908, by defendants, from decree of C. P. Luzerne Co., Dec. T., 1907, No. 4, on bill in equity in case of Cornelius M. Rielly v. Joseph Stephenson and Helen Stephenson. Bill in equity for an injunction. Before Halsey, J. The facts are stated in the opinion of the Supreme Court. The court entered a final decree as follows: Now, February 8, 1908, this cause came on to be further heard at this term and was argued by counsel and thereupon, upon consideration thereof, it is ordered, adjudged and decreed as follows, viz.: That the said defendants be forthwith required to…
1Opinion of the Court
Opinion by
Mr. Chief Justice Mitchell,
The parties own adjoining lots on an opened and paved street in the city of Wilkes-Barre. The land was on a sloping hillside so that the surface drainage from rain, etc., ran over both lots from the rear to the front. The defendant improved his lot first, and in so doing raised the grade in parts. He did not change the character or direction of the flow nor add to the volume of it, except that in consequence of the raised grade the water which had previously spread over the surface of both lots now ran over plaintiff’s. It was a natural and inevitable…
2Cases cited4 opinions
- Strauss v. AllentownSupreme Court of Pennsylvania · 1906
- Bentz v. ArmstrongSupreme Court of Pennsylvania · 1844
- Davidson v. SandersSuperior Court of Pennsylvania · 1896
- McMahon v. ThorntonSuperior Court of Pennsylvania · 1897
3Cited by32 opinions
- Chamberlin v. CiaffoniSupreme Court of Pennsylvania · 1953
- Rau v. Wilden Acres, Inc.Supreme Court of Pennsylvania · 1954
- Laform v. Bethlehem TownshipSupreme Court of Pennsylvania · 1985
- Lamont v. Adams Express Co.Supreme Court of Pennsylvania · 1919
- Leiper v. Heywood-Hall Construction Co.Supreme Court of Pennsylvania · 1955
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