Loss v. Avalon Borough

Opinion by

Mr. Justice Frazer,

Plaintiff owns property fronting on Norwood Avenue, in the Borough of Avalon, Allegheny County, on which there is erected a two and one-half story frame dwelling. Both street' and lot are located on a hillside, the lot sloping away from the street on a grade, making a difference of 39 feet between the front and rear lines. Nor-wood Avenue is unimproved and along the side adjoining plaintiff’s property the borough constructed an open tile drain, or gutter, to carry off water accumulating on the street. In January or February, 1919, the earth of plaintiff’s lot…