77 Pa. Super. 385 | Pa. Super. Ct. | 1921
Opinion by
The plaintiff in this action of trespass seeks to recover damages for injury to his property caused by the flow of surface water upon and over the same, alleging that the injury resulted from the gráding and improvement of certain streets by the borough authorities. The court below entered a nonsuit, which it subsequently refused to take off, and the plaintiff appeals.
The statement of the plaintiff averred it to be the duty of the borough to take care of all surface water that collected within the said borough and flowed upon its streets and to prevent the same from overflowing the said streets; that the borough had neglected to perform said duty and failed to take care of the surface water upon the streets and properly drain the same, and that said surface water had been permitted to flow upon plaintiff’s land during a considerable period of time and particularly upon the 29th of October, 1916, when the flow of said water did seriously damage the buildings upon plaintiff’s land. The statement as originally filed .did not set forth a good cause of action. The municipality was not liable for damages resulting from its mere failure to provide an adequate system of sewerage to
The judgment is affirmed.