Legal Opinion

Siegfried v. South Bethlehem Borough

Superior Court of Pennsylvania

Decided March 14, 1905No. Appeal, No. 13PublishedCited by 14 opinions

Appeal, No. 13, Oct. T., 1904, by plaintiff:, from judgment of C. P. Northampton Co., Dec. T., 1901, No. 18, on verdict for defendant in case of Aaron Siegfried and Harry Smock, trading as Siegfried & Smock v. South Bethlehem Borough. Trespass to recover damages to land.

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Appeal, No. 13, Oct. T., 1904, by plaintiff:, from judgment of C. P. Northampton Co., Dec. T., 1901, No. 18, on verdict for defendant in case of Aaron Siegfried and Harry Smock, trading as Siegfried & Smock v. South Bethlehem Borough. Trespass to recover damages to land. Before Schuyler, P. J. The statement of claim was as follows: 1. Seigfried & Smock, the plaintiffs in the above action, say that they are the occupiers of a certain house Nos. 442 and 444, situated on Wyandotte street in the borough of South Bethlehem, and are engaged in the general produce business, to wit: buying and…

1Opinion of the Court

Opinion by

Smith, J.,

The construction of sewers, in municipalities, for the drainage of surface water, is a matter resting in the discretion of the municipal authorities, and their power in the premises is to be exercised with reference to the existing conditions and the means at their command. The municipality is not liable for damages resulting from an error of judgment on their part, with respect to the location or direction of the sewer, or its sufficiency for the purpose designed. Its liability is confined to injuries due to interference with the natural flow of water, faulty…

2Cases cited9 opinions

  1. Carr v. Northern LibertiesSupreme Court of Pennsylvania · 1860
  2. Helbling v. Allegheny Cemetery Co.Supreme Court of Pennsylvania · 1902
  3. Baltimore & Ohio Railroad v. Sulphur Spring Independent School DistrictSupreme Court of Pennsylvania · 1880
  4. Cooper v. Scranton CitySuperior Court of Pennsylvania · 1902
  5. Fair v. City of PhiladelphiaSupreme Court of Pennsylvania · 1879

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3Cited by14 opinions

  1. CARLSON v. A. & P. Corrugated Box Corp.Supreme Court of Pennsylvania · 1950
  2. Yulis v. Ebensburg BoroughSuperior Court of Pennsylvania · 1956
  3. Strauch v. ScrantonSuperior Court of Pennsylvania · 1945
  4. Metzgar v. Lycoming TownshipSuperior Court of Pennsylvania · 1909
  5. Ringwalt v. BoroughSuperior Court of Pennsylvania · 1912

9 more not listed; retrieve them via the Exa API.

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