Barrett v. Minersville Borough

Citations

• 38 Pa. Super. 76
• 1909 Pa. Super. LEXIS 93

Syllabus

<p>Boroughs — Streets—Gutters—Drainage of surface water — Injury to property.</p> <p>1. A city is not liable to a property owner for the increased flow of surface water over or onto his property, arising merely from the changes in the character of the surface produced by the opening of streets, building of houses, etc., in the ordinary and regular course of the expansion of the city.</p> <p>2. Where a borough constructs a paved gutter along a street for the purpose of draining the surface water, and ends the gutter at the borough limits, and the work is done without negligence, and with proper material, and there is no increase of the flow of water caused by any act of the borough itself, the mere fact that the borough plan did not include any provision for disposing of the water, when it came to the end of the gutter, will not render the borough liable in trespass for injuries to property in an adjoining township caused by the water flowing onto it from the end of the gutter.</p> <p>3. Under the Act of May 16, 1891, P. L. 75, as amended by the Act of June 12, 1893, P. L. 459, a proceeding before viewers is the appropriate remedy for an injury caused by street improvement in a borough, which is the direct, immediate, necessary and unavoidable consequence of the exercise of the power conferred on the borough by the act; while for an injury resulting from the negligent performance of the work, the remedy is by action of trespass.</p> <p>4. The discretionary power to construct sewers, drains and other improvements, and to select a plan for the work, is vested in the municipal authorities.</p>