Markle v. Grothe

Opinion by

Báldeme, J.,

George E. Neff, one of the plaintiffs, in 1922, acquired title to a tract of land, adjoining the city of York, which he sub-divided into lots and graded streets and alleys. The plaintiffs, Markle, Koch, Billmyer and Hess, are the owners of four adjoining lots of ground, which are part of this land development, and upon which have been erected dwelling houses.

The defendant bought, in 1912, a tract of land of 31 acres, previously used for agricultural purposes, which lies to the south of the appellants’ land and on a higher level. The surface drainage from the defendant’s…