Pressman v. Borough of Dickson City

Citations

• 13 Pa. Super. 236
• 1900 Pa. Super. LEXIS 139

Syllabus

<p>Muncipalily — Boroughs—Streets—Gutters—Culverts—Trespass.</p> <p>The time and manner of draining the streets of a municipality require the exercise of judgment, and by law the municipal authorities are vested with the power of exei-cising their judgment. The duty of exercising it is of a judicial, and not an administrative, character. Therefore, the insufficiency of a drain pipe to carry oif, on all occasions, the water flowing towards it, will not give the owner the right to an action against the municipality, as it only establishes a mistake in judgment and not negligence on the part of the municipality.</p>