Herr v. Altoona

Citations

• 31 Pa. Super. 375
• 1906 Pa. Super. LEXIS 222

Syllabus

<p>Road law — Sewers—Change of grade — Damages—Remedy.</p> <p>Where a municipality through its councils has adopted a plan for grading a street and constructing a sewer, and has made the improvements in accordance with the plan, and without negligence, a property owner whose property has been injured by the work cannot maintain an action of trespass against the municipality for the injuries sustained; where, however, after the completion of the improvement the municipality permits a vent in the sewer to become and remain closed, in consequence of which there is a backage of water into the owner’s cellar, he may maintain an action of trespass for such injuries; but in such action he cannot recover for the injuries resulting from the original construction without negligence. For such injuries he must pursue the statutory remedy.</p>