Robinson v. Norwood Borough

Citations

• 215 Pa. 375
• 64 A. 539
• 1906 Pa. LEXIS 803

Syllabus

<p>Boroughs — Opening streets — Damages—Remedy—Viewers—Action of trespass.</p> <p>Where a borough opens and grades a street, and there is no negligence in the actual performance of the work, the damages, if any, resulting to private property must be ascertained not in an action of trespass, but in the statutory proceedings before viewers. The mere fact that the borough deviated from a previously adopted plan and scheme of grading, as a result of which an increased amount of water was precipitated upon private property, is not such negligence as to make an action of trespass the proper remedy, instead of the statutory proceeding before viewers.</p>