Goulden v. Scranton City
Supreme Court of Pennsylvania
EROM THE DEGREE OE THE COURT OE COMMON PLEAS OE LACKAWANNA COUNTY, IN EQUITY. No. 254 January Term 1887, Sup. Ct.q court below, No. 8 October Term 1885, C. P. in Equity. On August 12, 1885, John Goulden and Bridget Goulden filed a bill in equity against the city of Scranton and Martin Dwyer to restrain the reconstruction and enlargement of a culvert'across Railroad Avenue, in said city.
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EROM THE DEGREE OE THE COURT OE COMMON PLEAS OE LACKAWANNA COUNTY, IN EQUITY. No. 254 January Term 1887, Sup. Ct.q court below, No. 8 October Term 1885, C. P. in Equity. On August 12, 1885, John Goulden and Bridget Goulden filed a bill in equity against the city of Scranton and Martin Dwyer to restrain the reconstruction and enlargement of a culvert'across Railroad Avenue, in said city. A preliminary injunction was awarded on the filing of the bill, and on hearing of a motion, on September 28, 1885, tbe injunction was continued. An answer having been filed, Mr. Henry A. Knapp, was appointed…
1Opinion of the Court
Opinion,
Mr. Justice Green :
The master finds that the plaintiffs’ lot is located upon the line of a natural course of surface drainage; that, for some distance above the lot, this line is marked by a ravine in which a small stream formerly flowed, kept alive by springs which have since failed; but that for fifteen years past the surface water has run in this ravine, usually a small stream, occasionally dry, and in heavy rains a torrent. It is apparent that if no culvert had been built across Railroad Avenue for this water to go through, the ravine would have continued open, and all the water…
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