13 Pa. Super. 394 | Pa. Super. Ct. | 1900
Opinion by
The plaintiff brought this action of trespass against the borough of Throop and the Dickson City Water Company to re
On the trial of the case in the court below the jury was directed to return a verdict in favor of the water company, of which action no complaint is made. The plaintiff adduced proof to show that he gave notice of the leaking hydrant to the president of the borough council, and that repairs and changes were made at and about the broken hydrant by employees of the borough and under the direction of its officers, so as to divert the water upon his property, which changes were the direct cause of his damage. The defendant contended that even if the borough had erected and controlled the fire hydrant, its authority over it was purely discretionary, and that its duty to erect and repair was purely governmental, consequently it was not answerable for negligence in the matter. All that is urged by the defendant as to the duty of the borough to provide for a fire service and its liability for acts performed within its discretionary judgment may be conceded (McDade v. Chester City, 117 Pa. 414), but the responsibility of the borough to this plaintiff is founded upon very different principles. It matters not whether the borough erected the hydrant or whether it was
The assignments of error are overruled and the judgment is affirmed.