Blizzard v. Borough of Danville

Citations

• 175 Pa. 479
• 34 A. 846
• 1896 Pa. LEXIS 1275

Syllabus

<p>Sewers — Municipalities—Damages—Waters—Statute of limitations.</p> <p>Where a municipality adopts a stream as an open sewer it is bour keep open the channel of the stream, and to remove accumulations of i ashes, or other material that obstructs the flow of the water and throws it out of its banks upon the land of adjoining owners. There can be no prescriptive right to neglect so plain a municipal duty.</p> <p>A borough adopted a small stream as an open sewer in 1860. In an action brought in 1891 plaintiff averred that in 1889 and subsequently the stream was so obstructed by accumulation of sewage that its banks were overflowed and injuries caused to his land which abutted on the stream. Held, (1) that the liability of the borough for the injury inflicted arose when the injury occurred, and might be sued on within six years thereafter ; (2) that plaintiff’s claim was not barred by the statute of limitations.</p>