Walter v. Wagner

Opinion of the 'Court, by

Judge McCandless

Reversing.

The defendant constructed a residence on his lot adjoining the lot upon which plaintiff lived, and used the earth excavated from, the basement in gradually raising-the surface of his lot. Some months later plaintiff filed suit against him claiming that in raising the surface of his lot he had diverted the surface water and caused it to run over plaintiff’s lot and thereby caused earth and debris to be deposted on his walks, to flood his cellar,, and otherwise to damage his property. In a jury trial plaintiff was awarded damages in the sum of…