Hoster v. City of Philadelphia

Citations

• 12 Pa. Super. 224
• 1900 Pa. Super. LEXIS 224

Syllabus

<p>Actions — Trespass—Injury resulting from change of grade — Road law.</p> <p>Where the effect of a change of grade of city streets was to render useless a drain, through which the surface water had been conducted from the plaintiff’s premises, in consequence of which the water backed up and injured them, and where it appears that such injury is the direct and necessary consequence of the duly authorized change of grade, it follows that the city not being a wrongdoer there can be no recovery for the injury in an action of trespass.</p> <p>The plaintiff is confined to his remedy under the Act of May 16, 1891, P. L. 75. If plaintiff was not satisfied with the award of the viewers his remedy was by exceptions or appeal; he may not take damages awarded by them and then bring an action for the residue of his claim.</p>