Allebrand v. Borough of Duquesne

Citations

• 11 Pa. Super. 218
• 1899 Pa. Super. LEXIS 129

Syllabus

<p>Respondeat superior — Municipal responsibility for trespass of councilman — Diversion of waters.</p> <p>It is not within the scope of a single member of a borough council, although he may be a member of the street committee, to act for the borough in the matter of changing the natural courses of water crossing the borough street so that an increased burden is imposed on plaintiff’s land by the trespass. It follows, therefore, that the municipality cannot be held impliedly liable on the doctrine of respondeat superior for the wrongful act.</p> <p>Failure of municipality to abate nuisance — Ratification.</p> <p>The mere failure of a borough to compel a restoration of a stream, diverted by a citizen, to its natural channel is not such evidence of an adoption or ratification of the wrong as would make the borough liable as a trespasser ab initio. There is a wide difference between the commission of an actionable nuisance and the mere failure of a corporation to exercise its charter power to abate a nuisance not rendering its streets unsafe and for the creation of which it was in no wise responsible.</p>