Chorman v. Queen Anne's Railroad
Superior Court of Delaware
Action on the Case for damages to the wheat drop of the plaintiff by reason of water being gathered along the embankment made by defendant road and discharged through trunks upon the lands whereon the plaintiff’s wheat crop was growing. Facts appear in charge of Court.
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Action on the Case for damages to the wheat drop of the plaintiff by reason of water being gathered along the embankment made by defendant road and discharged through trunks upon the lands whereon the plaintiff’s wheat crop was growing. Facts appear in charge of Court. The testimony of the plaintiff in response to interrogatories by his counsel, Mr. White, concerning his ownership and possession of the wheat crop was as follows : Q,. Were you farming in January or February, 1899? A. Yes, sir. Q. Did you have any crops pitched at that time ? A. Yes, sir; I had a crop of wheat sowed at that…
1Opinion of the Court
Lobe, C. J.:
The motion for a nonsuit is refused.
*410plaintiff’s prayers.
Hirst. That it is the duty of every owner of land, if he wishes to carry off the surface water from his own land, to do so without material injury or detriment to the lands of his neighbors, and if he cannot he must suffer the inconvenience arising from its presence, and cannot complain that others refuse to allow its passage over their lands.
24 Am. & Eng. Ency. of Law, 926; Pettigrew vs. Evansville, 3 Ann. Rep., 50.
Second. That if an owner of land divert the natural course of surface water upon his own land he must suffer…
2Cases cited5 opinions
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- Livingston v. McDonaldSupreme Court of Iowa · 1866
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Goodale v. . TuttleNew York Court of Appeals · 1864
- Curtis v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
3Cited by11 opinions
- Chicago, R. I. & P. Ry. Co. v. JohnsonSupreme Court of Oklahoma · 1910
- Austin v. TurrentineCalifornia Court of Appeal · 1939
- Staats v. HubbardCourt of Chancery of Delaware · 1949
- Weldin Farms, Inc. v. GlassmanSupreme Court of Delaware · 1980
- Ciconte v. ShockleyCourt of Chancery of Delaware · 1950
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