Frederick v. Lansdale Borough

Citations

• 156 Pa. 613
• 27 A. 563
• 1893 Pa. LEXIS 1388

Syllabus

<p>Tresp>ass — Boroughs—Overflowing lands — Opening street.</p> <p>In an action of trespass against a borough to recover damages for injuries to land caused by flooding, where there is evidence, though contradicted, that the borough, in opening a street, increased the natural flowagc and flooded the land, the case should be submitted to the jury.</p> <p>Evidence — Borough— Flooding land.</p> <p>In an action against a borough for backing water into an alley and flooding a cellar, it is proper to permit defendant to show that the acreage drained was lessened by the grading of the streets of the borough, and that the flow of water over the alley was loss than the original natural flow.</p> <p>In such action it is proper to permit plaintiff to show that the owner of neighboring property had constructed an artificial ditch for the overflow of water from clay pits, and that this ditch drained unon a street which carried the water to the alley.</p>