Siegfried v. South Bethlehem Borough

Citations

• 27 Pa. Super. 456
• 1905 Pa. Super. LEXIS 82

Syllabus

<p>Municipalities — Sewers—Surface water — Damages.</p> <p>The construction of sewers, in municipalities, for the drainage of surface water, is á matter resting in the discretion of the municipal authorities, and their power in the premises is to be exercised with reference to the existing conditions and the means at their command. The municipality is not liable for damages resulting from an error of judgment with respect to the location or direction of the sewer, or its sufficiency for the purpose designed. Its liability is confined to injuries due to interference with the natural flow of water, faulty construction, and failure to maintain the sewer in proper condition, and free from obstructions that materially affect its use; and the rule is the same whether a natural water course is adopted for drainage purposes, or an artificial channel is built.</p> <p>Pleading — Practice—Trespass—Plea of not guilty — Evidence.</p> <p>Where in an action of trespass the defendant files an answer categorically denying the numbered paragraphs of the statement of claim, the answer is equivalent to a plea of not guilty.</p> <p>The plea of not guilty is sustained by proof that the damage complained of was due to some other cause than the defendant’s act or omission, or that the plaintiff’s negligence contributed to it; and these need not be specified, or even alluded to in the plea.</p> <p>In an action of trespass against a borough to recover damages for injuries to land alleged to have been due to the bad condition of sewer inlets, evidence may be admitted under the plea of not guilty, or its equivalent, that the injury was caused by an extraordinary flood, although no reference is made to such flood in the plea.</p> <p>Municipalities — Sewers—Damages—Evidence—Notice.</p> <p>In an action to recover damages for injuries alleged to have been sustained by reason of the defective condition of sewer inlets, the question of the condition of the inlets is properly withdrawn from the jury,