Commonwealth v. Ashley Borough

Citations

• 37 Pa. Super. 254
• 1908 Pa. Super. LEXIS 273

Syllabus

<p>Nuisance — Waters—Pollution of stream — Contamination of air— Boroughs.</p> <p>On the trial of an indictment against a borough for polluting a stream by depositing therein excreta and other filth detrimental to the health of the good citizens, the commonwealth may show that by reason of the deposit of such filth the waters emitted foul and noxious odors destructive of the comfort and dangerous to the health of the people generally residing in the vicinity. Under such an indictment pollution both of water and air may be shown.</p> <p>A municipality may be convicted of polluting the waters of a stream by depositing therein excreta and other filth, although at the trial no evidence is offered by the commonwealth showing use by any lower riparian owner, of the water of the stream for “drinking or domestic purposes.”</p>