Beach v. Scranton

Citations

• 25 Pa. Super. 430
• 1904 Pa. Super. LEXIS 86

Syllabus

<p>Hoad law — Change of grade — Damages—Jury—Trespass.</p> <p>An owner of land who has recovered damages in proceedings before a jury of view for injuries to his land resulting from the execution of a plan for grading a street, has no standing subsequently to maintain an action of trespass against the city for injuries caused by an additional flow of water on the land, where it appears that the injury alleged was the direct, immediate and unavoidable result of the ex cution of the plan under which the city completed the grading of the street.</p> <p>In such a case the burden is upon the plaintiff to show that there had been negligence in the performance of the work called for by the plan, or a failure upon the part of the city to maintain the work after it was done.</p>