Chatham Street

Citations

• 16 Pa. Super. 103
• 1901 Pa. Super. LEXIS 24

Syllabus

<p>JRoad law — Report of viewers — Damages—Presumption as to viewers doing their duty.</p> <p>If viewers report simply that the damages which they find accrued from the construction of the municipal improvement, the presumption is that they did their duty and awarded such damages only as the law and evidence warranted.</p> <p>If the conditions particularized in the report of viewers might, under any state of facts, have been the direct, immediate and necessary or unavoidable consequences of the construction of the improvement, it might, perhaps, be presumed that these facts were established in a competent manner, to the satisfaction of the viewers ; but if any or all of the damages which are awarded could not have accrued from injuries of that nature, and this can be determined from the report itself, the report cannot be sustained.</p> <p>Eminent domain — Unavoidable injury — Negligence—Damages to property — Constitutional law.</p> <p>The absolute liability for injury to property imposed by the constitution, and put by it on the same footing as a taking for public use, is such injury only as is the direct, immediate and necessary or unavoidable consequence of the act of eminent domain itself irrespective of care or negligence in the doing of it. For such injury a proceeding before viewers is the appropriate remedy. But for injuries by a negligent performance of the work, the remedy must be by action of trespass. It- must, however, be kept in mind in applying this rule that the discretionary power to construct the sewers and other improvements and to select the plan is vested in the municipal authorities. The question is, was the injury the necessary consequence of the execution of the plan adopted, or was it the consequence of negligence in executing the plan.</p> <p>Eminent domain — Municipalities—Sewer— Unavoidable injuries — Ridge in highway.</p> <p>If in the exercise of its discretion, a city lays a sewer at a level which necessarily or unavoidably makes a perm