Stuckemann v. City of Pittsburgh

Citations

• 255 Pa. 307
• 99 A. 906
• 1917 Pa. LEXIS 451

Syllabus

<p>Negligence — Municipalities—Ghange of grade — Damages—Failure to conform to grade — Surface drainage — Resulting damages— Nonsuit.</p> <p>1. Where a property owner has collected damages from a municipality to compensate him for the cost of raising his house, in consequence of the change of grade of a street, and instead of raising his house chooses to permit his property to remain in its depreciated condition, he does this at his own risk and is not in position to complain of harmful results therefrom.</p> <p>. 2. Where a property owner collected damages from a city, to compensate him for injury to his property in consequence of the change of grade of the street, and did not raise his property to conform to the new grade, and in consequence thereof surface drainage leaked into his property causing damage, the court properly directed a verdict for the defendant in an action against the city to recover damages for the injuries sustained.</p>