Strohl v. Borough of Ephrata

Citations

• 178 Pa. 50
• 35 A. 713
• 1896 Pa. LEXIS 1131

Syllabus

<p>Equity — Finding of facts — Appeals—Practice.</p> <p>A finding of facts by the court below in favor of plaintiff in an equity case will be accepted as conclusive by the Supi’eme Court where the defendant takes no appeal, and the plaintiff who is the appellant makes no complaint of the finding.</p> <p>Boroughs — Streets—Turnpikes—Sewers—Injunction—Acts of May 22, 1883, and May 16, 1891.</p> <p>The purpose of the act of May 22, 1883, P. L. 39, was to extend the ordinary jurisdiction and authority of a borough over its streets for the purposes enumerated by the act, to turnpike roads lying within the borough limits. The act does not contain any grant of power to condemn private property for the construction of drains and sewers except upon the line of turnpike roads.</p> <p>Although the act of May 16,1891, P. L. 75, by its express terms includes the subjects of sewers, and ditches or drains, open or covered, the proceedings under the act must conform to the requirements therein prescribed, other wise a court of equity will restrain the borough from appropriating land.</p> <p>Where a borough adopted a natural water course for drainage purposes, and subsequently, for a consideration, permitted the owner of the land to close it.up, the borough can only reopen it by proceedings de novo under the act of May 16, 1891, and not by a mere resolution of councils. In such a case as the water course had been abandoned, the act of June 8, 1891, P. L. 210, relating to existing streams and water courses had no application.</p>