Bohan v. Avoca Borough

Citations

• 154 Pa. 404
• 26 A. 604
• 1893 Pa. LEXIS 904

Syllabus

<p>Boroughs — Streets—Gutters—Damages.</p> <p>Where a borough constructs gutters in a street in such a way as to cause the surface water of a large territory to be diverted from its natural flow, and to be gathered into a body and precipitated on the premises of the owner whose property abuts on the street, and the property is thereby injured, the borough is liable in damages.</p> <p>Municipal corporations — Evidence of acts of.</p> <p>The acts of a municipal corporation may be proved otherwise than by its records or some written document.</p> <p>Evidence — Cross-examination.</p> <p>In an action against a borough to recover damages for injuries resulting to property from the negligent construction of gutters, a witness, in his examination in chief, testified as to the physical nature of the street along which the gutters were made, the effect of their construction on plaintiff’s property, and such was the general character and scope of his testimony fin chief that it might be fairly inferred that the work was done by or under the direction of the municipal authorities, although he did not testify by whom the work was done. Held, that the witness might be properly asked on cross-examination by whom the work of constructing the gutters was done.</p> <p>'Cross-examination — Review.</p> <p>The range of cross-examination must, to a very great extent, be left to the sound discretion of the trial judge, and, unless that discretion has been plainly abused to the injury of the party complainant, it is not ground for reversal.</p>