Krug v. St. Mary's Borough

Citations

• 152 Pa. 30
• 25 A. 161
• 1892 Pa. LEXIS 1162

Syllabus

<p>[Marked to be reported.]</p> <p>Municipalities — Negligent construction of public works.</p> <p>For negligence either in construction or repair of public works, when repair is a duty, municipal corporations must respond in damages whenever special injury results : Allentown v. Kramer, 73 Pa. 406.</p> <p>Plaintiff’s testimony, which was practically uncontradicted, was that defendant had constructed a bridge in such a way that there was not sufficient space at times of ordinary high water for the stream to flow through, and that in consequence the water was backed upon his land, and further that there was no necessity for so constructing the bridge. Held, that it was not error to submit to the jury the question of whether the defendant had been negligent in constructing the bridge so as to injure the plaintiff in the enjoyment of his land.</p> <p>Statute of limitations — Prescriptive right.</p> <p>Where an action was brought in 1890 for damages for flooding plaintiff’s land from 1884 to 1889, caused by the backing up of the water by a bridge erected by a municipality in 1866, no question of the statute of limitations arises ; nor is the fact that similar actions were not brought in previous years evidence of a prescriptive right.</p>