Rau v. Wilden Acres, Inc.

Opinion by

Mr. Chief Justice Horace Stern,

This controversy is concerned with facts rather than law. It is an action by a landowner to enjoin the owner of higher, neighboring land from artificially draining surface water from his property onto that of the plaintiff.

From a multitude of authorities 1 the applicable law may be summarized as follows:

A landowner may not alter the natural flow of surface water on his property by concentrating it in an artificial channel and discharging it upon the lower land of his neighbor even though no more water is thereby collected than would naturally have…