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RAU v. WILDEN ACRES, INC.

376 Pa. 493 (1954)

Rau v. Wilden Acres, Inc., Appellant.

Supreme Court of Pennsylvania.

March 22, 1954.

Attorney(s) appearing for the Case

Nathan Reibman, for appellant.

Clinton Budd Palmer, with him Frank P. McCluskey, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. CHIEF JUSTICE HORACE STERN, March 22, 1954:

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 authorities1 the applicable law may be summarized as follows:

A landowner may...

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