Garland Chain Co. v. Rankin Borough

Citations

• 226 Pa. 389
• 75 A. 607
• 1910 Pa. LEXIS 780

Syllabus

<p>Sewers — Wrongful construction — Trespass—Waiver of trespass— Viewers.</p> <p>Where a borough, in constructing a sewer, does not follow the line prescribed by the ordinance authorizing the construction, a property owner injured by the illegal act may maintain an action of trespass against the borough; but if such owner petitions for the appointment of viewers, he cannot in the proceedings before the viewers recover for the tortious acts of the borough arising from the unlawful entry.</p>