Metzgar v. Lycoming Township

Citations

• 39 Pa. Super. 602
• 1909 Pa. Super. LEXIS 543

Syllabus

<p>Practice, C. P. — Nonsuit—Evidence—Striking out evidence.</p> <p>1. Where the trial court strikes out a large part of the evidence, and then enters a nonsuit, the appellate court in reviewing the case will consider the evidence as if it had not been stricken off.</p> <p>Waters — Road law — Supervisors—Culverts—Natural water course— Negligence — Sewers.</p> <p>2. An action will lie against private and municipal corporations and natural persons to recover damages resulting from a negligent or intentional obstruction of a natural stream of water flowing within its own banks.</p> <p>3. Where township supervisors obstruct a natural live stream of water which flows across a highway, so that ordinary floods damage an abutting owner’s property as a result of sueh obstruction, without fault of the owner, the latter is entitled to recover damages for the injuries to his land in an action of trespass, based on the negligence of the supervisors.</p> <p>4. Th,e rule that no damage can be recovered from a municipality for injuries resulting from a failure of judgment on the part of the officers of the municipality in constructing a sewer to carry off surface water, does not apply to the construction of the culvert or drain to carry a highway over a natural live stream of water.</p>