Briegel v. City of Philadelphia

Citations

• 135 Pa. 451
• 19 A. 1038
• 1890 Pa. LEXIS 1204

Syllabus

<p>1. A municipal corporation, owning and holding property for public purposes, is as much subject to the usual rule, sic utere tuo ut alienum non Redas, as are private citizens, and is liable to an adjoining owner for injuries arising from a nuisance maintained upon its property: Shuter v. Philadelphia, 3 Phila. 228, approved.</p> <p>(a) Under local statutes, the public schools in the city of Philadelphia are maintained by means of appropriations made by couneils out of taxes levied and collected by the city. A defectively-constructed privy well, maintained upon city property used for public school purposes, created a nuisance to the injury of an adjoining owner:</p> <p>2. In such case, the city is liable for the injury by virtue of its ownership of the premises: Ford v. School Dist., 121 Pa. 543, and Erie School D. v. Fuess, 98 Pa. 600, distinguished, on the ground that the action in the present case was against a municipal corporation proper, and the injury complained of was a nuisance arising from the negligent use of city property.</p>