Lehan v. Commonwealth

Opinion by

President Judge Bowman,

George and Sarah Lehan (appellees) own real estate on which their residence is situated in Butler Township, Luzerne County, abutting the south side of Legislative Route 653. Near the western boundary of appellees’ property, the Pennsylvania Department of Transportation (appellant) maintains an earthen ditch running in a north-south direction designed to carry runoff water away from the state highway. Originally, the runoff is collected in a drain on the north side of said highway and flows under the roadway through a pipe which empties into the ditch on…