holding that because increase of surface water caused by development of a rural hillside was predictable and preventable, it constituted an “artificial” land use, and developer accordingly had an affirmative duty to provide adequate drainage
How later courts described this case
- holding that because increase of surface water caused by development of a rural hillside was predictable and preventable, it constituted an “artificial” land use, and developer accordingly had an affirmative duty to provide adequate drainage
- holding that since "this is not a case of artificial diversion of surface waters ... we need only consider whether the City caused an unreasonable or unnecessary increase in the water flowing through its drainage swale"
- addressing engineering standards applicable in 1974 recommending that storm water disposal facilities be designed to accommodate a ten-year storm
- "Where a landowner, whether municipal or private, undertakes to install storm sewer facilities, then he takes upon himself the duty to avoid negligence in their construction or maintenance. However, a landowner cannot be compelled to install such facilities, nor is he answerable in damages for the inadequacy of the facilities installed.”
Written by the judges who cited it.
The opinion
McEWEN, Judge,
dissenting:
While my distinguished colleagues of the majority have expressed with clarity a very thoughtful rationale of position, there is no question in my mind but that the jury should have been permitted to find that the City of Bethlehem had a duty to the decedent. As a result, I am, very respectfully, compelled to dissent and to reecho the view expressed by our learned President Judge Edmund B. Spaeth, Jr. that:
... the jury could properly find that the city had a duty of reasonable care for the safety of travelers at the intersection; that in the exercise of that duty the city should have foreseen that when the intersection was flooded, a traveler might drown; that in failing to do *549 anything to alleviate that danger, the city failed to fulfill its duty; and that its failure caused appellee’s death.
DEL SOLE, J., joins.