Cooper v. Scranton City

Citations

• 21 Pa. Super. 17
• 1902 Pa. Super. LEXIS 298

Syllabus

<p>Municipalities — Sewers—Waters.</p> <p>The mere omission of municipal authorities, to provide adequate means to carry off the water, which storm and the natural formation of the ground throw upon city lots and streets, will not sustain an action by an owner of land against the municipality for damages arising from the accumulation of water. Cities are not bound to provide sewerage for the natural flow of the surface water, although they are invested with power to construct such sewers, as in the judgment of the officers exercising the corporate powers, are necessary and expedient. When they do adopt a plan of sewerage they are not liable for damages resulting from an insufficiency in the size of the sewers although they may be called upon to answer for injuries resulting from negligence in the construction or repair of such works. They are liable, however, for injury to property resulting from interference with or change of the natural flow of waters as a consequence of public works.</p> <p>Municipalities — Constitution of Pennsylvania, article 16, sections — Damages to property.</p> <p>Under article 16, section 8 of the constitution of Pennsylvania, the injury meant to be provided for was such as was unavoidable in the accomplishment of the public undertaking, but the property protected is not limited to that directly abutting upon the improvements, but includes all sufficiently near to make the injury approximate, immediate and substantial.</p> <p>Municipalities— Waters — Bern edies.</p> <p>Where the change of grade of a street results in injury to abutting property by reason of the accumulation of water, and the injury is the direct, immediate and unavoidable consequence of the change of grade, the municipality is liable to the property owner. In such a case the remedy of the property owner is not by an action of trespass, but by proceedings before viewers either under the Act of May 23, 1889, P. L. 277, or the Act of May 16, 1891, P. L. 75.</p> <p>When the in