175 Pa. 479 | Pa. | 1896
Opinion by
On the trial of this case it was made to appear that the borough of Danville began about 1860 to make use of a natural stream known as Blizzard’s Run as a part of its general system of drainage. By means of a covered sewer and a paved alley, the surface drainage of nearly twenty acres has been turned into this stream and one or more cellar drains have been connected
Was the stream obstructed or filled up as the result of the adoption of this stream as an open sewer, and the drainage into it ? Did the borough neglect to keep the channel open, and permit the overflow and accumulations complained of? Was the plaintiff injured in consequence of this negligence? If the jury so found their only remaining duty was the ascertainment of his damages.
The judgment of nonsuit entered in this case is now reversed and set aside and a venire facias de novo awarded.