Boyle v. Hazleton Borough

Citations

• 171 Pa. 167
• 33 A. 142
• 1895 Pa. LEXIS 1293

Syllabus

<p>Boroughs -— Ordinances — Making opening in streets — Negligence — Evidence—Custom and usage.</p> <p>Where a borough ordinance makes it unlawful “ to open, dig, or iu anyway disturb any street ” without a written permission from the street commissioner, a permit from the burgess to lay a drain will not authorize the person who receives the permit to open or dig in a street, although the evidence shows that it was the habit of the burgess and of his predecessor in office to issue permits to make such openings.</p> <p>No number of violations of a borough ordinance by a borough officer will nullify it, or constitute or establish a custom or usage which the law will recognize as of any validity.</p> <p>Where an opening is made in a street in pursuance of such a permit, the person making the opening is a trespasser, and if his work renders the street unsafe for ordinary travel, it is the duty of the borough authorities having actual or constructive notice of the dangerous condition created by him, to take proper measures to protect the public against it.</p>