Glasgow v. City of Altoona

Citations

• 27 Pa. Super. 55
• 1905 Pa. Super. LEXIS 2

Syllabus

<p>Municipalities — Waters—Pollution of stream — Damages.</p> <p>A municipality which adopts a natural water course as an open sewer is bound to keep the channel of the stream open and to prevent the accumulation of filth and is liable to respond in damages for any injury which may be done to riparian owners in consequence thereof.</p> <p>Where in such a case injury to real estate is of a permanent character, the measure of damages is the cost of remedying the injury unless the expense thereof exceeds the value of the entire property, in which case the value of the property is the limit of the measure of damages, and in no event can there be a recovery in excess of the value of the entire property for the permanent injury.</p> <p>Where, however, claim for damages resulting from the pollution of a stream is not merely for permanent injury to land, but includes injury to health, injury to trade and deprivation of the use of water, the plaintiff may recover the entire amount of actual damages up to the trial of the cause irrespective of the value of the land; but the municipality may show that the injury to the land was not permanent, inasmuch as it was possible and practicable to abolish the injurious conditions of which complaint was made.</p>