215 Pa. 375 | Pa. | 1906
Opinion by
The only question in this case is one of remedy. Admitting plaintiff’s right of redress, how was it to be obtained ?; by an action in trespass, the remedy he adopted, or by the statutory proceeding for the assessment of damages resulting from the borough’s improvement? The injury complained of in the plaintiff’s statement was, that in consequence of the borough’s wrongfully, carelessly, and negligently constructing and opening certain streets and avenues, and altering, changing and otherwise interfering with the grade of the land and direction of the water courses contiguous and adjacent to plaintiff’s premises, large quantities of surface water were made to run and flow from the lands and said avenues above, about or lateral to the premises of the plaintiff down to, upon, over and through plaintiff’s property, which before the constructing and opening of said avenues, and the altering and changing the natural grade of the land and direction of the water courses had flowed away from the plaintiff’s premises.
It is to be observed that the only injury alleged is the increase in the discharge of water upon plaintiff’s premises; the manner and method of its discharge are not complained of. If there were nothing in the case but the mere fact that there was an increased discharge of water upon plaintiff’s property resulting from the opening, grading and construction of the streets, the only remedy available to the plaintiff would be by statutory proceeding. The averment that the work in connection with
For whatever injury the plaintiff has sustained by reason of the facts complained of, he can have proper redress by the statutory proceeding, and it is his exclusive remedy.
The assignments of error are overruled and the judgment is affirmed.