Lang v. Punxsutawney Borough

Citations

• 44 Pa. Super. 171
• 1910 Pa. Super. LEXIS 146

Syllabus

<p>Sewers — Damages—Trespass— Viewers.</p> <p>Where property is injured as the direct, immediate and necessary or unavoidable consequence of the location or construction of a sewer, the only remedy for the injuries sustained is by petition for the appointment of viewers to assess the damages; the owner cannot, for such injuries, maintain an action of trespass; but where the injuries are due to the negligent act of the municipality in permitting the sewer to become filled with sand, gravel, or other débris, so that it cannot accomplish the object for which it was designed, an action of trespass is the appropriate remedy.</p>