Brief Fact Summary. Francis Corporation (Defendant) cleared a 42-acre tract and placed 186 houses thereon, and, in the process, diverted and greatly increased the amount and flow of water in a small stream on the property.
Synopsis of Rule of Law. The court will follow a “reasonable use” rule regarding the expulsion of surface waters from one’s property. So long as the Defendant’s use of his land is reasonable then no liability attaches.
The issue of reasonableness becomes a question of fact to be determined in each case upon a consideration of all the relevant circumstances, including such factors as the amount of harm caused, the foreseeability of the harm which results, the purpose or motive with which the possessor acted, and all other relevant matter.View Full Point of Law