Commonwealth v. Wilkinsburg Borough

Citations

• 37 Pa. Super. 160
• 1908 Pa. Super. LEXIS 254

Syllabus

<p>Appeals — Assignments of error — Evidence—Exceptions.</p> <p>Assignments of error to the exclusion of testimony will not be considered where no exceptions have been taken to the rulings of the trial court.</p> <p>. Nuisance — Sewer—Municipalities—Boroughs.</p> <p>Where a borough has determined upon the construction of a public sewer, or a drainage system, it must so complete the work as not to create a public nuisance. If it does create a nuisance, and is indicted therefor, it cannot defend on the ground that the construction of a proper system would have entailed an expenditure beyond the financial ability of the borough at the time.</p> <p>Practice, C. P. — Trial—Charge—Inadequacy of charge — Appeals.</p> <p>A complaint that the charge was inadequate will receive no great consideration from the appellate court where it appears that the appellant presented to the trial judge no prayers for special instructions, and failed to invite his attention to the points of the case claimed at the argument on the appeal to have been insufficiently treated.</p>