DePIETRO v. TRIANO

Opinion by

Rhodes, P. J.,

Plaintiffs brought a bill in equity against defendants to enforce an alleged implied easement permitting them to discharge surface water in a ditch which was constructed through defendants’ adjoining lower land during a period of common ownership. The chancellor found that plaintiffs failed to establish any such easement, and he entered a decree nisi dismissing the bill. Plaintiffs’ exceptions were overruled and the decree of dismissal was made final; plaintiffs appeal.

Most of the facts as found by the chancellor are not questioned. Prior to 1935 both adjoining…