Gavetti v. Watson
Gavetti v. Watson
Opinion of the Court
Opinion by
Martin F. Gavetti and Maboeth E. Gavetti, his wife, own land on the west side of Heyburn Road in Birmingjham Township, Delaware County. Arthur Watson, Jr.,
The record discloses that the Gavettis acquired their property in 1950. Appellants acquired their property in 1957, at which time there was a shallow pond at the northwest corner thereof. In 1958 appellants enlarged and deepened this pond. The position of the Gavettis is that the portion of their property along Heyburn Road thereafter became wet and swampy with resulting damage to trees, shrubs, and driveway. It is appellants’ position that the Gavetti land was always wet and swampy, and that the enlargement of the pond had nothing to do with this condition.
Appellants argue that the chancellor “gave greater consideration” to the testimony of Gavettis’ expert witness than he gave to that of appellants’ expert witness. The obvious answer is that the weight of the testimony was a matter for the chancellor to determine. Appellants also complain that the chancellor refused to hear certain witnesses on the ground that their testimony was too remote. However, these witnesses were subsequently permitted to testify at the second hearing. Finally, appellants assert that “discretion almost demands” that the chancellor should have submitted the factual issues to a jury. It is sufficient to point out that no such request was made. See Pa. R. C. P. No. 1513.
We deem it unnecessary to burden this opinion with a detailed analysis of the evidence. It is exhaustively reviewed in the adjudication of the chancellor. We have read the record in its entirety, and find that it fully
Decree affirmed.
“And Now, this 7th day of June, 1961 ... it is Ordered, Adjudged and Decreed: 1. That the defendants, Arthur Watson, Jr. and Catherine Watson, his wife, be and hereby are enjoined from maintaining the artificial lake on their premises so as to cause water to seep and percolate into and upon the plaintiffs’ land, and they are hereby ordered to empty their said lake to such extent, or to take such other measures, as will prevent any seepage and percolation of water into and upon the land of plaintiffs. 2. That the plaintiffs are entitled to damages in the amount of fifteen hundred ($1500.00) dollars in order to repair the damage already caused by defendants, and judgment in said amount is hereby entered in favor of the plaintiffs and against the defendants. 3. That the defendants, Arthur Watson, Jr. and Catherine Watson, his wife, are ordered to pay the costs of these proceedings”,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.