Hutchinson v. Clay Township

Citations

• 14 Pa. Super. 546
• 1900 Pa. Super. LEXIS 80

Syllabus

<p>Negligence — Drainage of land abutting public roads — Statutes—Act of 1836 — Constitutional law. ’</p> <p>The Act of June 13, 1836, P. L. 551, which gives to supervisors power to remedy obstructions to drains under public roads which pass over private property is constitutional; section 32 gives them power to open, repair and maintain all such drains, and sections 28 and 32 provide a system of procedure in respect to any of the acts authorized and directed by the service provisions and a method is provided for the payment of any damages incurred.</p> <p>It follows that a township is responsible in damages if it ignores the consequences of negligent acts and omissions injuriously affecting owners of property abutting upon roads.</p>