12 Pa. Super. 224 | Pa. Super. Ct. | 1900
Opinion by
In changing the grade of Twentieth street and Clearfield street, pursuant to ordinance, the city filled up a creek or run, which is described in the case stated as flowing over said streets near their .intersection. The effect was to render useless a drain through which the surface water had been conducted from the plaintiff’s premises, in consequence of which the water backed up on his premises and injured them. It is not alleged in the case stated nor in the plaintiff’s statement of claim that the injury of which the plaintiff complains was caused by the negligence of the city or its employees. On the contrary, it is
The judgment is affirmed.