Gift v. City of Reading

Citations

• 3 Pa. Super. 359
• 1897 Pa. Super. LEXIS 23

Syllabus

<p>Municipal law — Negligence—Construction of sewers — Ministerial duties.</p> <p>It must be conceded that the power of a municipal corporation to construct sewers is discretionary and in its nature judicial, and that no civil liabilities are incurred for failure to perform ; nor for errors of judgment in its exercise, such as selecting plans, locations, etc., although the sewers constructed pursuant thereto prove inadequate. But the work of construction in accordance with adopted plans is purely ministerial; it must, therefore, like all ministerial duties, be performed in a skillful and careful manner. A municipality is liable for injuries caused by negligent performance.</p> <p>Municipal law — Liability in regxilating flow of surface water.</p> <p>In regulating the flow of surface water on the streets, municipalities have no right to cast it upon adjacent property, and that water thus diverted must first pass over the intervening lands of others, will not affect the question of liability.</p> <p>Municipal law — Injuries from construction of seivers — Measure of damages.</p> <p>Where property is injured by negligent construction of a sewer, by reason of the diversion of water caused thereby, the measure of compensation would be the cost of repairing the damages and thus restoring the property to its former condition, unless such cost would equal or exceed the value of the building, in which case the value of the building would be the measure of the plaintiff’s damages.</p>