Dasher v. Harrisburg

Citations

• 20 Pa. Super. 79
• 1902 Pa. Super. LEXIS 186

Syllabus

<p>Sewers — Municipalities—Ordinances—Tapping sewer.</p> <p>In an action against a city to recover damages for injuries resulting from the wrongful construction and maintenance of a public sewer, no recovery can be had where the evidence shows that the plaintiff’s predecessor in title had connected the premises owned by plaintiff with the sewer in violation of city ordinances which required the consent of the city authorities to be first obtained, the payment of a fee with the privilege of connecting, and that the construction shall be done under the supervision of the city engineer. In such a case the fact that the city supervisor had without authority connected with the extension built by plaintiff’s predecessor in title, two or three joints of pipe, for the purpose of preventing .rubbish from being carried into the sewer, does not warrant the finding that the city had 'adopted the extension as a part of the public sewer.</p>