Provost v. New Chester Water Co.

Citations

• 162 Pa. 275
• 29 A. 914
• 1894 Pa. LEXIS 976

Syllabus

<p>Municipalities — Streets—Sidewalks — Abutting owner — Water companies.</p> <p>The sidewalk of the street is as much a part of the highway as the cart-way ; and a water company, with the consent of the city, has a right to lay water pipes under the sidewalk without subjecting itself to any other liability to the abutting owner than for such damages as may be done in the laying of the pipe, interruption of access, etc. This does not include consequential injury due to the proximity of the pipes.</p> <p>Although the city ordinances give the abutting owner, subject to the grant of a permit by the city, the right to build steps, cellar doors, etc., on the sidewalk, the fact that he was prevented from so doing by a water company having, with the consent of the city, laid its pipes under the sidewalk, will not give him any cause of action against the water company, as his right under the ordinances can then only be exercised subject to the prior right of the water company.</p> <p>In such a case, it is a matter of no concern to plaintiff whether or not the water company has complied with the direction of a city ordinance to apply to the city surveyor for the proper lines for the laying of its pipes.</p> <p>McDevittv. Gas Go., 160 Pa. 367, followed and explained.</p>