Ringwalt v. Borough

Citations

• 49 Pa. Super. 517
• 1912 Pa. Super. LEXIS 361

Syllabus

<p>Sewers — Boroughs—Plan adopted by borough — Negligence.</p> <p>1. An owner of property abutting on the line of a sewer in a borough, cannot recover in an action of trespass for such injuries to his property as were the direct and necessary consequence of the construction of the sewer according to the plan adopted by the- borough authorities; for such injuries he is confined to the remedy provided by the statutory proceeding before viewers.</p> <p>2. Municipalities are not bound to provide sewerage for the natural flow of the surface water, although they are invested with the power to construct such sewers as in the judgment of the officers exercising the corporate powers are necessary and expedient. When they do adopt a plan of sewerage they are not liable to answer in an action of trespass for damages resulting from the inadequacy of the sewers constructed according to the plan to meet the purpose contemplated, although they may be called upon to answer for injuries resulting from negligence in the actual work of construction, or for failure to keep the work in repair after it is completed.</p> <p>3. It is a matter within the discretion of the borough authorities whether it is necessary to place iron rods at the inlet of a sewer to prevent the entrance of rubbish which might clog the sewer, and the exercise of such discretion cannot be reviewed by judge or juries.</p>